New Delhi, Oct 16 Attorney General R. Venkataramani has granted consent to initiate criminal contempt proceedings against advocate Rakesh Kishore for allegedly scandalising the Supreme Court through his conduct and utterances.
Last week, advocate Kishore reportedly attempted to throw an object at a Bench led by Chief Justice of India (CJI) B.R. Gavai.
While being escorted out by security personnel, he was heard shouting slogans referring to Sanatan Dharma. Although CJI Gavai had initially decided that no action would be taken against advocate Kishore -- who had approached the dais and allegedly attempted to remove his shoe -- the matter took a turn after the Attorney General, upon reviewing the incident, found sufficient grounds to initiate contempt proceedings.
“Upon careful consideration of the material placed before me, I am satisfied that the conduct of Mr. Rakesh Kishore amounts to criminal contempt of Hon’ble 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,” AG Venkataramani said in a letter addressed to the President of the Supreme Court Bar Association (SCBA).
The Attorney General added that such behaviour “strikes at the very foundation of the justice delivery system” and has a “clear tendency to lower public confidence in the institution of the judiciary, and more so of the highest Court.”
“No person can have any reason whatsoever to scandalise the Court. Throwing or attempting to throw any object aimed at the Hon’ble Judges, or shouting at judges to find fault with the conduct of proceedings, will be scandalous,” said AG Venkataramani, dismissing justifications offered by advocate Kishore for his conduct.
The Attorney General further noted the absence of remorse on the part of the advocate and said, “From the materials placed on record, I find Mr. Rakesh Kishore, has not shown any repentance as regards the conduct in question, as is evident from his subsequent utterances.”
Under Section 15 (1) (b) of the Contempt of Courts Act, 1971, the Supreme Court may initiate criminal contempt proceedings a motion only with the prior written consent of the Attorney General or the Solicitor General, unless the court acts suo motu.
On Thursday, SCBA President and senior advocate Vikas Singh mentioned the matter before a Bench of Justices Surya Kant and Joymalya Bagchi, urging the apex court to urgently list the contempt proceedings for hearing on Friday.
“This shoe-throwing incident cannot go unnoticed like this. This person has no remorse. The criminal contempt (plea) be listed tomorrow,” submitted Singh.
Similarly, Solicitor General Tushar Mehta, the second-highest law officer of the Centre, stated that institutional integrity is at stake and emphasised the need for action.
SG Mehta further flagged that several individuals on social media were glorifying the incident. In response, the Justice Surya Kant-led Bench remarked that CJI Gavai had been magnanimous, indicating that the institution was not affected by such incidents.
“We will treat this matter uninfluenced by anything else," the apex court said.
It may be recalled that CJI Gavai had stated that he and his fellow judge were "very shocked" at the time of the incident, but have since regarded it as "a forgotten chapter".
"My learned brother and I were very shocked by what happened on Monday. For us, it is a forgotten chapter," CJI Gavai had said.
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