SCBA Contemplates Disciplinary Action Against Advocate Who Attempted Attack On CJI BR Gavai

The Supreme Court Bar Association (SCBA) today issued a statement condemning the recent attack on the Chief Justice of India, BR Gavai, by its temporary member advocate. The SCBA has also clarified that it is contemplating appropriate disciplinary actions against the offending advocate, Rakesh Kishore, who attempted to hurl a shoe at the CJI.

The statement expressed that the attack was an aftermath of the wrongly portrayed remarks of CJI in the Vishnu Idol Case, where his bench dismissed a petition seeking directions for the reconstruction of a dilapidated 7 feet tall Vishnu Idol at the Javari Temple in Khajuraho Temple Series, Madhya Pradesh.

Condemning the attack as a direct assault on judicial independence, the SCBA stated : 

"This incident, reportedly stemming from a misguided backlash against the Hon'ble Chief Justice's judicious observations in the Khajuraho Vishnu Idol Restoration matter, where His Lordship emphasized respect for all religions and clarified his remarks amid social media distortions, cannot be tolerated. It constitutes a direct assault on judicial independence, violates constitutional values of decorum and discipline, and gravely undermines public confidence in the justice delivery system."

Notably, after the remarks, the CJI issued a subsequent statement clarifying that he respected all the religions and that his comments were made in the context of the fact that the temple was under the jurisdiction of the ASI and the Court could not grant such a relief prayed for. 

It emphasised that the bond between the bench and the bar could not be threatened by such incidents. It stated that that since the advocate involved in this attack was a temporary member of the SCBA, it would initiate appropriate disciplinary actions against him. 

"The SCBA reiterates that the Bar and the Bench are two indispensable pillars of the justice delivery system, bound together by mutual respect and a shared constitutional responsibility. Any act that seeks to weaken this sacred bond inflicts damage not only upon the institution but upon the very fabric of justice in our nation. The SCBA further notes that the Advocate involved in this incident is a temporary member of the Association. The SCBA is contemplating appropriate disciplinary action against the said member." 

The Association has also affirmed its stand against any attempts to politicise or scandalise the judges and judiciary. 

"The SCBA further reaffirms its unwavering commitment to the principles of secularism, fraternity, and the rule of law, and calls upon the legal fraternity to remain vigilant against all attempts to politicize or scandalize the judiciary. Such conduct is a disgrace to the noble legal profession and amounts to a direct assault on the dignity, independence, and sanctity of the Supreme Court of India. Any attempt to intimidate or insult a sitting Judge is not only criminal in nature but also a betrayal of the solemn oath every advocate takes to uphold the majesty of law and the decorum of the Court." 

The statement also lauded the calm composure of the bench and the CJI's unfazed approach towards the instigation. 

"The SCBA commends the calm composure and exemplary restraint demonstrated by the Hon'ble Chief Justice of India, who, in the face of this grave provocation, continued to discharge his judicial duties with dignity and poise, upholding the highest traditions of the judiciary. The Association reaffirms its complete solidarity with the Hon'ble Chief Justice of India and the companion Judges of the Supreme Court." 

Association's Condemnation Of 'Predatory Journalism'; Media's Misrepresentation of CJI's Remarks Played A Role In Such Attack 

The SCBA called out on predatory journalism, which ran sensationalised reports and out-of-context coverage of CJI's remarks in the Vishnu Idol Case. It stated that media had contributed to inciting public outrage and lowered the judiciary in the public eye. 

Furthermore, the SCBA strongly condemns the role of certain sections of the media in exacerbating this incident through irresponsible, sensationalized reporting and deliberate distortion of judicial remarks. By amplifying misrepresented narratives on social media, such as portraying the Hon'ble Chief Justice's balanced observations in the Khajuraho case as being disrespectful to religious sentiments, the media has recklessly fueled public outrage, incited vigilante reactions, and undermined the judiciary's authority for the sake of visibility and sensationalism.

It stressed that such predatory journalism could not be justified under the garb of freedom of speech and expression. 

"Such predatory journalism, devoid of ethical restraint, betrays the principles of fair reporting and endangers the rule of law by turning courtrooms into arenas for mob-driven spectacle. The SCBA asserts that freedom of speech and expression cannot serve as a licence to malign constitutional institutions or erode the public's faith in the justice system."

SCBA Resolution Can Be Read Here