In a significant move to safeguard the sanctity of judicial proceedings, the Supreme Court has directed the Centre and the Supreme Court Bar Association (SCBA) to formulate comprehensive measures preventing courtroom disruptions. The directive comes in the wake of a recent security breach where a shoe was hurled at former Chief Justice of India (CJI) B.R. Gavai.
Beyond physical security, the Apex Court has also emphasized the need for responsible journalism in such instances, calling for a Standard Operating Procedure (SOP) to guide media reporting on similar disruptive events.
Call for Joint Suggestions
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi treated the matter as non-adversarial, stressing the need for systemic reform rather than individual retribution. The Court dispensed with the formal issuance of notice, instead requesting a collaborative approach.
Solicitor General Tushar Mehta, representing the Centre, and Senior Advocate Vikas Singh, President of the SCBA, informed the bench that they would submit joint suggestions. These recommendations will cover two primary aspects:
- Preventive Measures: Protocols to secure court premises and bar rooms to stop the recurrence of attacks or disruptions.
- Media Protocol: Guidelines regulating how such incidents are publicized and reported, likely to prevent copycat acts or undue sensationalism.
“The solicitor general and SCBA president jointly state that they will put up joint suggestions recommending preventive measures for these kinds of occurrences, and the protocol to be observed for reporting and publicising such incidents in future,” the Chief Justice noted.
Focus on Prevention Over Contempt
The bench was hearing a plea filed by the SCBA seeking contempt action against the perpetrator, 71-year-old advocate Rakesh Kishore. However, the Court expressed reluctance to initiate criminal contempt proceedings against the elderly lawyer. Instead, the bench shifted its focus to establishing “pan-India preventive guidelines.”
Justice Kant urged the legal body to provide practical solutions, stating, “Just think of giving three-four suggestions on how to prevent such incidents in places like court premises and bar rooms… Whatever requires to be done, we will see on the next date.” The Court also indicated it would seek input from the Attorney General on the matter.
Context: The October 6 Incident
The call for reform stems from an unprecedented incident on October 6, during court proceedings, when advocate Rakesh Kishore attempted to hurl a shoe towards the then-CJI B.R. Gavai.
Despite the gravity of the breach, Justice Gavai reportedly remained unfazed. At the time, he instructed court officials and security personnel to “just ignore” the disruption and allowed the errant lawyer to leave with a warning.
However, the act drew widespread condemnation from the legal fraternity and political leadership, including Prime Minister Narendra Modi, who personally spoke to Justice Gavai following the event. Consequently, the Bar Council of India (BCI) suspended Kishore’s license with immediate effect.
The Supreme Court is expected to review the joint suggestions from the Centre and the SCBA on the next date of hearing to finalize the new safety and media guidelines.
