‘A blatant casteist attack on the Supreme Court’: Lawyer’s assault on CJI Gavai over last month’s remarks explained

While there have been past instances of Supreme Court judges facing physical attacks by disgruntled litigants, this one seems to be inspired by hatred towards CJI Gavai, who hails from a Dalit, Buddhist background.
‘A blatant casteist attack on the Supreme Court’: Lawyer’s assault on CJI Gavai over last month’s remarks explained
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YESTERDAY THE SUPREME COURT OF INDIA witnessed a disturbing incident when a lawyer, reportedly aggrieved by a remark made by Chief Justice of India (‘CJI’) B.R. Gavai last month, attempted to physically attack the CJI. 

The remark in question was made during a hearing of a petition seeking the restoration of a seven-foot beheaded idol of Lord Vishnu at the Javari Temple, part of the Khajuraho Group of Monuments in Madhya Pradesh. The CJI had reportedly asked the petitioner to “go and ask the deity itself to do something now.”

According to a report by the Hindustan Times, the lawyer involved has been identified as Rakesh Kishore, a member of the Supreme Court Bar Association (‘SCBA’). During the mentioning of cases before the CJI’s bench, Kishore suddenly approached the dais and attempted to remove his shoe in a threatening gesture. 

As security personnel escorted him out, he was heard shouting, “Sanatan ka apmaan nahi sahenge” (We will not tolerate any insult to Sanatan).

Unfazed, Chief Justice Gavai asked the lawyers present to continue with the proceedings, stating, “Do not pay attention to such things. Please carry on”.

Meanwhile, the Bar Council of India has suspended Kishore from practicing and has initiated disciplinary proceedings against him.

Senior Advocate Indira Jaising and co-founder of The Leaflet, took to X to demand a thorough investigation into the incident. She stated“This requires a detailed investigation. The lawyer must be named, and legal action taken against him.”

As security personnel escorted him out, he was heard shouting, “Sanatan ka apmaan nahi sahenge” (We will not tolerate any insult to Sanatan).

Jaising further described the incident as “a blatant casteist attack on the Supreme Court of India” and urged all Supreme Court judges to issue a united press statement condemning the attack, asserting that ideological assaults on the judiciary will not be tolerated.

Advocate Prashant Bhushan also condemned the incident on X, calling it “a dastardly attempt by a lawyer with a Brahminical mindset to intimidate the CJI.” He added that the act constitutes criminal contempt of court and urged that the lawyer be prosecuted.

The Supreme Court Bar Association (‘SCBA’) unanimously passed a resolution condemning the attack on CJI Gavai, describing it as a “reprehensible act” that is “utterly unbecoming of an officer of the court.” 

The SCBA noted that such conduct undermines the mutual respect between the Bench and the Bar. It clarified that Kishore is a temporary member of the association and stated that it is contemplating appropriate disciplinary action against him.

The Supreme Court Advocate-on-Record Association (‘SCAORA’) also issued a resolution condemning the attack, stating that such behaviour is antithetical to the dignity of the legal profession and contrary to the constitutional values of decorum, discipline, and institutional integrity. 

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The SCAORA said: “Any attempt to malign or direct a personalised act or gesture against a sitting judge of the Honourable Supreme Court constitutes a direct assault on the independence of the judiciary and undermines public faith in the justice delivery system.” It called for action against Kishore, including the initiation of contempt of court proceedings.

Leader of Opposition in the Rajya Sabha, Mallikarjun Kharge, also condemned the attack, describing it as “unprecedented, shameful, and abhorrent” and an assault on the dignity of the judiciary and the rule of law. 

He wrote, “When a sitting Chief Justice, who rose to the nation’s highest judicial office through merit, integrity, and perseverance, is targeted in such a manner, it sends a deeply disturbing message. It reflects an attempt to intimidate and humiliate a man who has broken social barriers to uphold the Constitution.” 

Kharge further noted, “Such a mindless act shows how hate, fanaticism, and bigotry have engulfed our society over the past decade.”

In 1968, a man jumped onto the bench comprising Justices Mohammad Hidayatullah, C.A. Vaidialingam, and A.N. Grover, brandishing a flick-knife.

There have been rare instances of physical attacks on judges of the Supreme Court by disgruntled litigants dissatisfied with court orders. However, such incidents were not driven by caste or religious hatred. In 2009, a woman threw a slipper at Justice Arijit Pasayat (now retired) during a contempt case hearing. The object missed the judge, who ducked in time, and the woman was taken into custody.

In 1968, a man jumped onto the bench comprising Justices Mohammad Hidayatullah, C.A. Vaidialingam, and A.N. Grover, brandishing a flick-knife. Justice Grover sustained injuries, receiving two cuts—one before falling and another when the assailant attempted to stab him after all three fell. This incident is recounted by Justice Hidayatullah in his autobiography, My Own Boswell.

Kishore’s attack on CJI Gavai, coupled with his remark, “Sanatan ka apmaan nahi sahenge,” and the timing of the incident, seem to suggest that the assault was motivated by hatred towards CJI B.R. Gavai, who hails from the Dalit community and practises Buddhism.

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