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Not inclined to initiate contempt against lawyer who attacked CJI: Supreme Court
Supreme Court prefers ignoring attack against CJI with contempt it deserves; SC Bar Association disagrees
The Supreme Court on Monday (October 27, 2025) voiced its preference to treat advocate Rakesh Kishore's action of hurling an object at Chief Justice of India BR Gavai's Bench with "the contempt it deserves by ignoring it", though the Supreme Court Bar Association (SCBA) insisted that the judicial institution should not risk becoming a “joke” by letting him go without any repercussions.
A Bench of Justices Surya Kant and Joymalya Bagchi said any action taken by the court would only further blow-up the situation; extend the shelf-life of Mr. Kishore, who obviously did not have any stake in the system of justice administration; and feed the commercialisation of the incident by media channels, and in social media. Justice Kant favoured condemning the incident to a "natural death" without any further ado.
Justices Kant and Bagchi, although agreeing that Mr. Kishore's act of hurling an object at the CJI Bench during court proceedings on October 6, followed by shouting slogans was “contempt on the face of the court”, observed orally that Chief Justice Gavai, in his “glorious magnanimity”, had pardoned him.
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“When the judge [CJI] has already chosen to ignore, is it for another Bench or for the Attorney General to give consent for contempt proceedings?” Justice Bagchi said.
The court said focus should now be on issuing guidelines on the publication of such incidents and enhancing preventive and safety guidelines in court rooms.
Senior advocate Vikas Singh and advocate Pragya Baghel, appearing for the SCBA, said Mr. Kishore's was one of continuing contempt.
Mr. Singh said even if the CJI had pardoned the first act of the actual attack in the court room, Mr. Kishore had subsequently appeared on camera and shown no remorse for his actions. Instead, he had repeatedly indulged in glorification of his act, saying he would “do it again”, the senior counsel submitted.
The senior advocate said the CJI had pardoned him in his individual capacity, but the Bench has to address the insult committed on the institution.
“We cannot let it go. We are talking about the institution. Jokes are being made. Disrespect is shown to the institution. The fact that the CJI let him go, gave him impetus to continue with subsequent contempt... If we do not act, the institution is becoming a joke,” Mr. Singh submitted.
Justice Kant said the court was not closing the case, however any instant action may cause a “flare-up”.
ALSO WATCH Watch: CJI Gavai attack | How political leaders, lawyers responded
Whether to initiate criminal contempt was the CJI's discretion, and Bench had an option to act or not in the current petition, Solicitor General Tushar Mehta said. He too echoed the Bench's opinion that there was no point in extending the “shelf-life” of the incident by taking it further.
Justice Kant said media channels were indulging in a “pure commercial game” by featuring Mr. Kishore. The moment he lost traction, they would stop, the judge remarked.
“We are thick-skinned people...” Justice Kant remarked, posting the case after a week.
Published - October 27, 2025 01:17 pm IST
Supreme Court
Source: TheHindu
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