The Delhi high court on Wednesday condemned the shocking shoe-hurling incident targeting Chief Justice of India B. R. Gavai, saying that measures must be taken to prevent such events in the future.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said the incident has affected everyone.
"We share your concern, perhaps with more intensity. It has hurt not only members of the Bar but everybody. It is not the question of an individual. Such incidents should not only be deprecated but appropriate measures need to be taken," the bench said.
The remarks came during a public interest litigation (PIL) seeking the removal of videos of the incident circulating on social media.
Petitioner Tejaswi Mohan told the court that the videos were still online and asked that, in future, the identity of culprits be hidden to prevent them from gaining publicity.
Additional Solicitor General Chetan Sharma, representing the Centre, pointed out that a petition by the Supreme Court Bar Association (SCBA) is already pending in the apex court, seeking contempt action against the lawyer.
Sharma said the petitioner should approach the Supreme Court, while also noting that the top court might consider issuing a John Doe order to prevent further incidents.
The Delhi high court bench responded, "As per the news report, the Supreme Court has also said that it will consider passing a John Doe order and issue guidelines to prevent such incidents. And if you intervene there, you may always press for issuance of an order or directions to the Ministry of Information and Broadcasting or the government agencies to frame some guidelines or protocols. You may apprise the Supreme Court of this matter being filed and seek intervention there. Otherwise, we will entertain."
The bench clarified that it was concerned about duplication of proceedings. The court kept the PIL pending and asked the petitioner to seek intervention in the Supreme Court case.
"We can see the Supreme Court intends to enlarge the scope of the matter. Just to avoid duplicity of proceedings… we would be happy to issue directions as prayed," the chief justice said.
The high court listed the petition for further proceedings on December 4.
On October 6, 71-year-old advocate Rakesh Kishore threw a shoe at the CJI in open court. The Bar Council of India immediately suspended his licence.
The CJI, unfazed during the attack, instructed court officials and security personnel to "just ignore" it and let the lawyer off with a warning.
The SCBA sought contempt action against Kishore, but the Supreme Court refused, noting that the CJI himself had opted not to proceed. The apex court said it will, however, consider laying down guidelines to prevent such incidents.
On October 27, the Supreme Court reiterated that it is not inclined to initiate contempt action against Kishore.