The Supreme Court on Monday said it was not inclined to initiate contempt action against advocate Rakesh Kishore, who allegedly attempted to throw a shoe at Chief Justice BR Gavai on October 6, PTI reported.

A bench of Justices Surya Kant and Joymalya Bagchi noted that Gavai himself had earlier refused to pursue the matter against the advocate. The bench also questioned whether it could initiate contempt proceedings against Kishore when the chief justice himself had chosen to pardon the act.

The court was hearing a petition filed by the Supreme Court Bar Association seeking criminal contempt action against Kishore, Live Law reported.

On October 6, Kishore allegedly tried to throw a shoe at Gavai and accused him of insulting Hinduism. Kishore said he was angered by the chief justice’s remarks on the restoration of a beheaded idol of Hindu deity Vishnu, and on the Supreme Court judgement holding punitive demolitions as unconstitutional.

Despite the interruption, Gavai remained calm, instructed the court to proceed, and later described the event as a “forgotten chapter”.

Subsequently, the Supreme Court Bar Association filed a petition seeking criminal contempt proceedings against Kishore. During an earlier hearing on October 16, the court said that it was better to let the attack “die a natural death” rather than fuel its “monetisation” on social media.

On Monday, Advocate Vikas Singh, representing the Supreme Court Bar Association, told the bench that the chief justice had initially decided not to press charges, Live Law reported.

However, Kishore later gave interviews to the media boasting about his act and vowing to repeat it, Singh added.

“This whole thing is being glorified,” Live Law quoted the advocate as saying. “The court has sufficient powers to ensure it does not happen again.”

Kant noted that Kishore’s conduct amounted to “serious and grave criminal contempt”. However, the judge questioned whether the court should pursue the matter when Gavai had already exercised leniency.

But Singh argued that the pardon given by Gavai was in his individual capacity, adding that this could not bind the institution. “People are making jokes about this,” Live Law quoted the advocate as saying. “If he does not express remorse, send him to jail from here only.”

Singh also claimed that Kishore had become “emboldened” because the chief justice had let him go.

During the proceedings, the court also asked whether contempt proceedings could be initiated by another bench once the presiding judge who faced such an act had chosen not to do so, Live Law reported.

Bagchi said that the throwing of a shoe or shouting slogans were contemptuous acts. “In such cases, it is left to the judge concerned to decide whether to initiate contempt,” Live Law quoted the judge as observing. “The CJI in his magnanimity chose to ignore.”

He asked whether it was within the domain of another bench or even the attorney general to give consent for contempt.

However, Singh said that Kishore’s subsequent conduct, including his public statements and glorification of the act, could be seen as a fresh offence.

Kant then agreed that this raised a “serious concern”, adding that the court would examine whether preventive guidelines could be framed.

Deciding not to proceed with criminal contempt for the time being, the court said it would consider issuing guidelines to prevent the glorification of such acts.

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