The Supreme Court of India said on Monday that it will not take contempt action against a lawyer who tried to throw a shoe at Chief Justice of India (CJI) BR Gavai. The Court stated that even though such an act is clearly disrespectful, it is up to the judge involved to decide whether action should be taken. Since the CJI himself chose to ignore the incident, the bench did not want to give the matter more attention.

A bench of Justices Surya Kant and Joymalya Bagchi said that shouting slogans or throwing shoes in court is definitely contempt of court. However, issuing a contempt notice in this case would only increase the importance of the lawyer involved and keep the incident in the news longer. The judges felt that the incident should be allowed to fade away naturally.

The Supreme Court Bar Association (SCBA) had requested the Court to take strict action against the lawyer, 71-year-old Rakesh Kishore. He had tried to throw his shoe at the CJI on October 6 while court proceedings were taking place. The SCBA argued that the incident damaged the dignity of the Court and could inspire others to disrespect judges.

Justice Kant acknowledged that the lawyer’s behaviour was serious and could not be justified. However, he asked whether the Court should act when the CJI had already chosen to show kindness. The bench said it wants to focus on preventing such incidents in the future, instead of punishing this one person.

The judges discussed whether another bench can start contempt action when the judge who faced the incident decided not to take action. Justice Bagchi explained that the law gives the concerne judge the right to decide in such cases. Since the CJI chose not to proceed, the matter may be considered closed.

The SCBA argued that after the incident, the lawyer gave interviews and even boasted about his actions, which must be treated as a fresh offence. The Court agreed this is a serious concern. It said guidelines may be introduced to prevent future disruptions in courtrooms.

Solicitor General Tushar Mehta supported the idea of stronger preventive measures. He cautioned that punishing the lawyer now could make him appear like a “victim” and give him more attention on social media.

The Court will review similar incidents from other courts and decide on guidelines next Monday. The lawyer involved has already had his license suspended by the Bar Council of India. After the shoe-throwing incident, CJI Gavai remained calm and asked security to simply ignore the behaviour and let the lawyer go with a warning. The incident was strongly condemned across the country, including by Prime Minister Narendra Modi, who spoke to the CJI after the event.