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New Delhi, October 16 (IANS) Attorney General R. Venkataramani has given consent to initiate criminal contempt proceedings against advocate Rakesh Kishore for allegedly defaming the Supreme Court through his conduct and statements.
Last week, lawyer Kishore had allegedly attempted to throw an object at the bench headed by Chief Justice of India (CJI) BR Gavai.
While being taken out by the security personnel, they were heard raising slogans referring to Sanatan Dharma. Although CJI Gavai had initially decided that no action would be taken against lawyer Kishore – who had allegedly attempted to remove his shoe after coming on the stage – the matter took a turn when the Attorney General reviewed the incident and found that there were sufficient grounds to initiate contempt proceedings.
AG Venkataramani, in a letter addressed to the President of the Supreme Court Bar, said, “On careful consideration of the material placed before me, I am satisfied that the conduct of Shri Rakesh Kishore amounts to criminal contempt of the Hon’ble Supreme Court within the scope of Section 2(c) of the Contempt of Court Act, 1971. His acts and statements are not only condemnable but also derogatory to the majesty and authority of the Supreme Court.” Association (SCBA).
The Attorney General said such behavior “attacks the very foundation of the justice delivery system” and “has a clear tendency to undermine public confidence in the institution of the judiciary and more so in the Supreme Court.”
“No person can have any reason whatsoever to bring the Court into disrepute. Throwing or attempting to throw any object at the Honorable Judges, or shouting at the Judges for finding fault in the conduct of the proceedings, would be condemnable,” AG Venkataramani said, rejecting the justification offered by lawyer Kishore for his conduct.
The Attorney General further noted the absence of remorse on the part of the lawyer and said, “From the materials placed on record, I find that Shri Rakesh Kishore has not shown any remorse in respect of the conduct in question, as is evident from his subsequent statements.”
Under Section 15(1)(b) of the Contempt of Courts Act, 1971, the Supreme Court can initiate criminal contempt proceedings only with the prior written consent of the Attorney General or Solicitor General, unless the court takes suo motu cognizance.
On Thursday, SCBA president and senior advocate Vikas Singh mentioned the matter before a bench of Justices Surya Kant and Joymalya Bagchi and urged the top court to immediately list the contempt proceedings for hearing on Friday.
“The shoe throwing incident cannot be ignored like this. This person has no remorse. The criminal contempt (petition) should be listed tomorrow,” Singh said.
Similarly, Solicitor General Tushar Mehta, the Centre’s second-highest law officer, said institutional integrity is at stake and stressed the need for action.
SG Mehta further said that many people are glorifying this incident on social media. In response, a bench led by Justice Surya Kant remarked that CJI Gavai was lenient, indicating that the institution is not affected by such incidents.
“We will look at this matter without being influenced by anything else,” the top court said.
It may be recalled that CJI Gavai had said that he and his fellow judges were “deeply shocked” at the time of the incident, but have since considered it “a forgotten chapter”.
CJI Gavai had said, “I and my learned brothers were deeply shocked by what happened on Monday. For us this is a forgotten chapter.”
–IANS
PDS/DPB