The right to speech and expression cannot be exercised at the cost of others’ dignity and integrity, the Supreme Court said on Thursday as it cautioned about the dangers of “unregulated” social media saying incidents like the recent hurling of shoe towards Chief Justice of India BR Gavai are nothing but “money-spinning ventures”.

A bench of justices Surya Kant and Joymalya Bagchi made the remarks when Solicitor General Tushar Mehta and Senior Advocate Vikas Singh, who is also the president of Supreme Court Bar Association, sought urgent listing of plea for contempt action against 71-year-old advocate Rakesh Kishore, who hurled the shoe towards the CJI on October 6 during court proceedings.

“We are not against freedom of speech and expression but this right cannot be exercised at the cost of integrity and dignity of others,” the bench said, when Singh pointed out that Kishore has not expressed remorse and was giving interviews, which are circulating on social media affecting the institutional integrity of the apex court.

“Social media has gone berserk over the incident. He is giving interviews and these are going on and on and demeaning the institutional integrity and dignity. Please restrain social media from airing such content. I am seeking an order on the line of John Doe order,” Singh said.

A John Doe order is a type of legal order passed by a court that allows a person or entity to take action against an unknown party or parties.

At the outset, Mehta informed the bench that Attorney General R Venkataramani has granted his consent for initiating criminal contempt action against the lawyer as it was the question of institutional integrity. He said that social media platforms work on algorithms and these kinds of incidents and comments are like products which are eventually monetised.

Justice Kant, while underlining the unregulated nature of social media, said for them, “we are both the products and the consumer.”

Justice Bagchi, agreeing with Justice Kant, said for social media users, “these incidents were often money-spinning ventures. The algorithms are so programmed to appeal to the instinct of individuals. When these sorts of comments are made, and the number of hits are more, the algorithm promotes such content. In these situations, Mr Singh, we assure you that even your mentioning is going to be monetised. Allow it to have a natural death.”

The bench, which appeared reluctant to list the matter urgently, told senior lawyers initiating this kind of action would give fodder to the social media and instead they should allow the matter to die its own natural death.

The court, however, indicated that the matter may be listed after Diwali break saying, “Let’s see if some saleable points are still left after a week.”

Justice Kant told Singh that in social media, unfortunately these kinds of incidents start trending and taking further action would only keep the controversy alive.

Justice Bagchi intervened and said, “A John Doe order will be the next cavalcade of events. It is because of our calm behaviour in court that we have been able to survive so far and we get the confidence from the people. The Chief Justice has exhibited that spirit when he just washed it aside as an act of an irresponsible citizen. Should we now rake up an issue which, for us is complete and finished?”

He further said that judicial time is precious and should not be spent on matters like these as the court may take some matters related to persons lodged in jail and seeking release or others.

Justice Kant said that the CJI has been extremely magnanimous and it shows that the institution is not affected by these kinds of incidents.

Mehta said that the CJI’s restraint was a “gesture of majesty” but pointed out that there were some people who were using social media to justify the act of the lawyer.

Singh added, “Some people say Lord Vishnu will justify it. Lord Vishnu will never justify this kind of violence. It is an insult to Lord Vishnu also.” Justice Kant said the holy scriptures never condoned the act of violence and warned that any further action would revive the controversy.

“The moment you take any action, it will become part-2 for them. For another week, this incident will be revived,” Justice Kant said.

On October 6, in a shocking security breach, 71-year-old Kishore hurled a shoe towards the CJI in his courtroom which prompted the Bar Council of India to suspend his license 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

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