CJI Gavai says Oct 6 shoe-hurling incident is ‘forgotten chapter’

NEw new delhi: ii years after the effort to hurtle a shoe at Chief Justice of India (CJI) Bhushan R. Gavai during court proceedings in the top court, Gavai said on Thursday that he does not wish to take the matter further and has “forgotten about it.”CJI Gavai’s remark came while the bench headed by him, along with justices Ujjal Bhuyan and K. Vinod Chandran, was hearing a review petition seeking recall of a May 16 judgment that set aside two government notifications from 2017 and 2021 permitting development projects to commence work without prior environmental clearance.“My brother (justice Chandran) and I were shocked with what happened on Monday (October 6)… For us, it is a forgotten chapter,” CJI Gavai said during the courtroom exchange.The incident took place on Monday morning (October 6) during the mentioning of cases before the CJI’s bench, when advocate Rakesh Kishore suddenly approached the dais and tried to remove his shoe before being restrained by security personnel. As he was escorted out, he was heard shouting, “Sanatan ka apmaan nahi sahenge (We will not tolerate any insult to Sanatan).”Unfazed by the chaos, CJI Gavai had told lawyers: “Don’t get distracted by all this. We are not distracted. These things do not affect me,” resuming the proceedings unperturbed. CJI Gavai later refused to press any charges and instructed officials to “just ignore” the episode.Calling the October 6 incident “sad,” senior advocate Gopal Sankaranarayanan recalled how a similar “shoe hurling” incident took place in the top court 10 years back and how the bench was in a dilemma on what to do about it.Justice Bhuyan said, “I have my own views that this should not be forgotten. The institution of CJI is not a joke. This is an affront on the institution of judiciary with the CJI at the helm,” giving a dissenting note to the view held by the CJI.However, Justice Chandran remarked, “There are other things that are more despicable.”Solicitor General Tushar Mehta joined the debate, appreciating the CJI’s decision to “forget the chapter,” but said, “It was the court’s majesty that no action was taken against the lawyer. But what he did was unpardonable.”As the debate took the hearing on the review petition off course, senior advocate Kapil Sibal intervened and urged the discussion to be closed. “Let us not continue further on this issue. Let the arguments continue,” he said.This is the first public statement made by the CJI after the incident.Meanwhile, the Supreme Court Bar Association (SCBA) on Thursday terminated the temporary membership of 71-year-old Kishore amid the growing clamour for action.In a resolution passed unanimously, the SCBA’s executive committee, headed by senior advocate Vikas Singh, said that such “reprehensible, disorderly, and intemperate behaviour” was unbecoming of an officer of the court and inconsistent with the discipline expected of members of the Bar.The association ordered Kishore’s membership card be forfeited and his proximity access to the Supreme Court premises cancelled. The resolution also said the decision will be circulated among members of the Bar and relevant authorities.Kishore has expressed no remorse, alleging that a divine voice provoked him to take this step. Upon his detention by police, he informed them that his action was based on a recent decision by the CJI not to entertain a petition seeking restoration of Lord Vishnu’s idol at the Khajuraho temple.