Shoe throwing incident: AG grants consent for criminal contempt process against advocate

New Delhi, Oct 16 (PTI) The Attorney General on Thursday granted his consent for initiating criminal contempt proceedings against a 71-year-old advocate who recently hurled a shoe towards Chief Justice of India BR Gavai during court proceedings.

Venkataramni gave his consent on a plea submitted by Supreme Court Bar Association (SCBA) for initiating criminal contempt proceedings against advocate Rakesh Kishore for "reprehensible conduct" on October 6 within the premises of the apex court and his defiant actions thereafter.

"Upon careful consideration of the material placed before me, I am satisfied that the conduct of Mr. Rakesh Kishore amounts to criminal contempt of the Supreme Court within the scope of Section 2(c) of the Contempt of Courts Act, 1971.

"His acts and utterances are not only scandalous but also calculated to demean the majesty and authority of the Supreme Court. Such behaviour strikes at the very foundation of the justice delivery system and has the clear tendency to lower public confidence in the institution of the judiciary, and more so of the highest Court," the AG said in his letter to SCBA chief Vikas Singh.

The AG further said no person can have any reason whatsoever to scandalise the court.

"Throwing or attempting to throw any object aimed at the judges, or shouting at judges to find fault with the conduct of proceedings will be scandalous. The reason said to have been given by Rakesh Kishore, can never be in justification of such scandalous conduct," the country's top law officer said.

Venkataramani further added that such acts constitute a grave affront to the dignity of the court and to the rule of law itself and from the materials placed on record, he finds that Kishore, has not shown any repentance as regards the conduct in question as is evident from his subsequent utterances.

"Accordingly, I hereby grant my consent under Section 15(1)(b) of the Contempt of Courts Act, 1971, for the initiation of criminal contempt proceedings against Mr. Rakesh Kishore before the Supreme Court of India," he said.

The SCBA letter to the AG further said the contemptuous conduct of Kishore was not a single, isolated act but a continuing course of conduct that strikes at the heart of the judicial system.

"Such conduct, we believe, squarely falls within the definition of "criminal contempt" under Section 2(c) of the Contempt of Courts Act, 1971, as the aforementioned act: i. scandalizes and lowers the authority of the Court; ii. prejudices and interferes with the due course of judicial proceedings; and interferes and obstructs the administration of justice in any other manner," the letter written to the AG said.

It said that the executive committee of the SCBA has unanimously resolved that such a direct attack on the judiciary cannot be overlooked, as it undermines the very foundation of the rule of law.

"Accordingly, we have prepared a petition for initiating criminal contempt proceedings against Mr. Rakesh Kishore.

"In compliance with the mandate of Section 15(1)(b) of the Contempt of Courts Act, 1971, we hereby seek your written consent to file the said petition before the Supreme Court of India," the letter said.

After he hurled the shoe on October 6, 71-year-old Kishore's licence was suspended by the Bar Council of India with immediate effect.

The CJI, who remained unfazed during and after the unprecedented incident during the court proceedings, asked the court officials and the security personnel present inside the courtroom to "just ignore" it and to let off the errant lawyer with a warning.

The incident has sparked widespread condemnation across different sections of society with Prime Minister Narendra Modi speaking to the CJI and calling the attack as "reprehensible" that angered every Indian. PTI MNL ZMN