While hearing a plea seeking a John Doe order to restrain individuals from spreading false narratives on social media around the shoe-hurling incident in the Supreme Court, the apex court on Thursday observed that “a social media user is both a product and a consumer of the platform”.
A bench of Justices Surya Kant and Joymalya Bagchi made the observation while cautioning against the ill effects of “unregulated” social media. On the shoe attack incident, the apex court said it may take up the matter after the Diwali break, remarking, “Let’s see if saleable points are still left after a week.”
On whether it should reconsider the incident involving Advocate Rakesh Kishore who attempted to hurl a shoe at Chief Justice of India BR Gavai last week, the apex court had remarked yesterday that it might be best to let the matter “die a natural death.”
Senior Advocate and SCBA President Vikas Singh, along with Solicitor General Tushar Mehta, mentioned the issue today and urged urgent listing of criminal contempt proceedings against Advocate Rakesh Kishore.
Attorney General R Venkataramani has already granted permission to commence criminal contempt proceedings against Advocate Kishore for his act inside the Chief Justice’s courtroom, they told the bench.
“I have obtained the Attorney General’s consent and am seeking a listing tomorrow,” SCBA President Vikas Singh informed the bench.
“The learned AG has given consent. I join my learned friend in requesting your lordships to hear the contempt matter. The constitutional integrity of this institution is at stake,” said Solicitor General Mehta, adding, Singh has also asked the apex court to issue a John Doe order to restrict social media posts that glorify the incident.
“The way this incident is being amplified and glorified on social media is causing harm to the institution,” Vikas Singh said.
However, Justice Surya Kant appeared reluctant to reopen the matter, noting Chief Justice Gavai had chosen not to pursue any action. “The Hon’ble CJI has been extremely magnanimous… it shows that the institution remains unaffected by such incidents,” Justice Kant remarked.
On October 9, Chief Justice of India Gavai had mentioned that he did not wish to pursue the matter further and had “forgotten about it.” While hearing an unrelated case alongside Justices Ujjal Bhuyan and K Vinod Chandran, the CJI had said both he and his colleague were “very shocked” by the episode but considered it “a forgotten chapter.”
Justice Bhuyan, however, expressed a different view, stating that the incident should not be dismissed lightly as it amounted to “an affront to the institution of the judiciary with the CJI at the helm,” adding that “the institution of the CJI is not a joke.”
Meanwhile, Prime Minister Narendra Modi and leaders across political parties condemned the October 6 incident.
However, Advocate Kishore has shown no regret, claiming instead that a “divine voice” asked him to act after the CJI dismissed his petition seeking restoration of a Lord Vishnu idol at Khajuraho.