Former Supreme Court judge Markandey Katju has urged judges to exercise restraint in court and “talk less”, days after 71-year-old lawyer, Rakesh Kishore, allegedly attempted to hurl a shoe towards Chief Justice of India (CJI) BR Gavai, accusing him of insulting Hinduism.
According to Rakesh Kishore, he was unhappy over the CJI Gavai’s remarks during a hearing last month concerning the restoration of a Vishnu idol in Khajuraho.
In his opinion piece for a news outlet, Markandey Katju condemned the act but said such incidents are often provoked by unnecessary courtroom remarks. “I condemn the throwing of a shoe at Justice Gavai. But at the same time, I wish to say that talking too much in court by judges only invites such incidents,” he wrote.
The controversy erupted after Justice Gavai, during a hearing on a petition seeking restoration of a damaged idol of Lord Vishnu in Khajuraho, reportedly told the petitioner, “Go and ask the deity itself to do something. You say you are a staunch devotee of Lord Vishnu. So go and pray to it (to restore its own head).”
Katju wrote that “a much talking judge is like an ill tuned cymbal (Jo judge bohot bolta hai woh besura baaja jaisa hota hai),” quoting former Lord Chancellor of England Sir Francis Bacon. “The job of a judge is to hear, not talk, in court, and then decide whatever they thought was proper,” he said.
Sharing his experience of visiting a British court, Katju said, “There was almost pin-drop silence, the judge quietly hearing, and the counsel arguing in a very low tone. Occasionally, the judge asked a question to the lawyer to clarify some point; otherwise, he was silent throughout. That is how the atmosphere of a court should be: one of serenity, calm, and tranquility.”
Referring to recent Supreme Court hearings, Katju said, “I saw former CJI Chandrachud talking on and on in court, e.g., in the case relating to a lady doctor of RG Kar Medical College, Kolkata, who was raped and murdered, asking questions like why there was delay in filing the FIR… I noticed a similar thing recently regarding the bail hearing in the Supreme Court of Prof. Ali Khan Mahmudabad.”
While welcoming the interim bail granted to Prof. Mahmudabad, Katju questioned one of the judge’s remarks. “Where was the need for the comments of one of the judges on the bench that Prof. Mahmudabad was doing dog whistling?” he asked.
Last month, a bench headed by Justice Gavai had dismissed the plea seeking directions to reconstruct and reinstall a seven-foot idol of Lord Vishnu at the Javari temple, part of the UNESCO World Heritage Khajuraho temple complex in Madhya Pradesh.
Terming the plea a “publicity interest litigation”, the CJI had said, “This is purely publicity interest litigation…. Go and ask the deity himself to do something. If you are saying that you are a strong devotee of Lord Vishnu, then you pray and do some meditation.”
On Monday, Prime Minister Narendra Modi spoke to Gavai to convey his condemnation of the lawyer’s act, and said the attack has angered every Indian.
“There is no place for such reprehensible acts in our society,” he said and praised Gavai for maintaining calm following the incident.
Modi posted on X, “Spoke to Chief Justice of India, Justice B R Gavai Ji.
“The attack on him earlier today in the Supreme Court premises has angered every Indian. There is no place for such reprehensible acts in our society. It is utterly condemnable.”
He added, “I appreciated the calm displayed by Justice Gavai in the face of such a situation. It highlights his commitment to values of justice and strengthening the spirit of our Constitution.”
Police sources said a note, containing the slogan “Sanatan dharma ka apmaan nahi sahega Hindustan” (India will not tolerate insults to Sanatan Dharma), was recovered from his possession.
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 identified as Rakesh Kishore with a warning.
The Bar Council of India (BCI), however, ordered the immediate suspension from practice of Rakesh Kishore after prima facie material indicated that he allegedly removed his sports shoes and attempted to hurl them towards the Chief Justice of India during proceedings in Court No 1 of the Supreme Court at about 11:35am.
