Centre, Supreme Court bar association to submit suggestions on preventing attacks on judges
The guidelines would also include suggestions on media reporting of such incidents, the Supreme Court was told.
The Supreme Court Bar Association and the Union government on Tuesday told the top court that they will submit joint suggestions on preventing incidents such as the attack on former Chief Justice BR Gavai, reported Live Law.
The guidelines would also include suggestions on media reporting of such incidents, advocate Vikas Singh, appearing for the association, told a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi.
On October 6, advocate Rakesh Kishore allegedly tried to throw a shoe at Gavai, the chief justice at the time, and accused him of having insulted Hinduism. Kishore said he was angered by Gavai’s remarks about the restoration of a beheaded idol of the 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 a 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 October 27, Kant and Bagchi said the court was not inclined to initiate contempt action against Kishore, noting that Gavai himself had earlier refused to pursue the matter against the advocate.
During the hearing on Tuesday, Singh told the bench that while the association had drafted a set of guidelines, it will add the Union government as a party in the case.
“So that either it can be incorporated in the IT Rules or the Supreme Court rules,” Live Law quoted Singh as saying. “We are thinking of your lordships incorporating it somewhere, so that there is some responsibility on media houses and social media platforms to ensure that these kinds of materials are not propagated.”
Appearing for the Union government, Solicitor General Tushar Mehta agreed with the proposal.
Singh had told the court on October 27 that while Gavai had initially decided not to press charges against Kishore, the advocate later gave interviews to the media, boasting about his act and vowing to repeat it.
“This whole thing is being glorified,” said Singh. “The court has sufficient powers to ensure it does not happen again.”
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,” he was quoted 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.