On Monday (27th October), the Supreme Court refused to initiate criminal contempt proceedings against Dalit lawyer Rakesh Kishore, who hurled a shoe at CJI Gavai for mocking Lord Vishnu and hurting religious sentiments.
The matter came up before a 2-Judge Bench of Justice Surya Kant and Justice Joymalya Bagchi.
Justices Kant remarked, “We definitely will take that (into account) and of course, with all of your active support, opinion and suggestions, and we would definitely like to lay down some guidelines. But today, giving undue importance to one individual, this will rather lead to him glorifying more.”
The apex court, however, pointed out that it would lay down guidelines to prevent such incidents from repeating.
Justice Joymalya Bagchi noted, “The throwing of a shoe, shouting slogans in the court room, are contempt in the face of the court, which are contemptuous under section 14 of the Act. In such cases, it is left to the judge concerned as to whether the judge will feel it prudent to initiate a contempt proceeding…And in this case, the CJI in his glorious magnanimity chose to ignore it.”
The Supreme Court said that the matter thus should die a natural death, and the accused should not be given undue importance.
The Background of the Case
On 6th October, the 71-year-old Rakesh Kishore hurled a shoe at CJI Gavai during open court proceedings. As he was being escorted out by the security, the lawyer reportedly shouted, “Sanatan ka apmaan nahi sahenge!” (We will not tolerate the insult of Sanatan Dharma).
A month earlier, CJI BR Gavai mocked Lord Vishnu while dismissing a petition seeking restoration of a seven-foot mutilated idol of Lord Vishnu at the Javari temple in Khajuraho, Madhya Pradesh.
The petitioner, a devotee named Rakesh Dalal, argued that restoring the idol was not merely about archaeology but about faith, dignity, and the fundamental right of Hindus to worship their deities in wholeness.
“This is purely publicity interest litigation. Go and ask the deity itself to do something now. You say you are a staunch devotee of Lord Vishnu. So go and pray now,” the CJI told the petitioner.
