SCBA Terminates Advocate's Membership for 'Grave Misconduct' in CJI Shoe Incident

New Delhi – In a decisive move to uphold the sanctity of the judiciary, the Supreme Court Bar Association (SCBA) has terminated the temporary membership of Advocate Rakesh Kishore following his attempt to throw a shoe at Chief Justice of India B.R. Gavai during open court proceedings on October 6. The unanimous resolution by the SCBA's Executive Committee condemns the act as "grave misconduct" and a "direct assault on judicial independence."

The termination, effective immediately, strips Kishore of his association with the prestigious bar, cancels his membership card, and revokes his proximity access to the Supreme Court premises. This action follows a swift suspension of his license to practice law by the Bar Council of India (BCI), illustrating a unified stand by the legal fraternity against conduct that undermines the dignity of the court.

An Unprecedented Breach of Courtroom Decorum

The incident, which shocked the legal community, occurred during the morning session at the Supreme Court. The 71-year-old advocate, Rakesh Kishore, reportedly attempted to hurl a sports shoe towards the bench presided over by CJI Gavai. As security personnel swiftly intervened and escorted him out of the courtroom, Kishore was heard shouting, “Sanatan Dharam ka apmaan nahi sahega Hindustan” (“India will not tolerate disrespect towards Sanatan Dharma”).

The motivation for this act appears to stem from Kishore's discontent with remarks made by CJI Gavai during a September hearing. The case involved a petition seeking the reconstruction of a dilapidated Lord Vishnu idol at a temple in Khajuraho. The CJI later clarified that his remarks were made in the context of the Archaeological Survey of India's (ASI) jurisdiction over the matter and affirmed his respect for all religions.

Despite the shocking nature of the protest, CJI Gavai remained composed, reportedly asking court staff to "just ignore it" and continue with the proceedings. He later referred to the incident as "a forgotten chapter," ensuring the court's business was not derailed.

The SCBA's Resolute Action and Legal Underpinnings

The SCBA's resolution was unequivocal in its condemnation. It described Kishore's actions as "reprehensible, disorderly, and intemperate behaviour... utterly unbecoming of an officer of the Court." This language directly invokes the core tenets of professional conduct and ethics that govern the legal profession under the Advocates Act, 1961, and the BCI Rules.

The resolution stated, "The Executive Committee finds that the said conduct amounts to a direct assault on judicial independence, the sanctity of courtroom proceedings, and the long-standing relationship of mutual respect and trust between the Bar and the Bench."

By terminating Kishore's membership, the SCBA exercised its authority to regulate its members and enforce discipline. The resolution highlighted that his continued association would be "wholly inconsistent with the dignity and discipline expected of the members of this Association." This action serves as a powerful deterrent, reinforcing the principle that an advocate's primary duty is to the court and the administration of justice, a duty that supersedes personal grievances or political expression within the courtroom.

Broader Implications for the Bar and Bench

This incident and the subsequent swift actions by both the SCBA and the BCI carry significant implications for the legal profession.

• Reinforcing the Sanctity of Judicial Proceedings: The unified response underscores a zero-tolerance policy for acts that scandalise the court or disrupt the administration of justice. It sends a clear message that the courtroom is a sanctified space where decorum is paramount, not a forum for disorderly protest.

• The Role of Bar Associations as Guardians of Professional Ethics: The proactive measures taken by the SCBA and BCI demonstrate their crucial role as self-regulatory bodies. Their ability to act decisively to discipline errant members is fundamental to maintaining public trust in the legal profession and the judiciary it serves. The BCI has also issued a show-cause notice to Kishore, initiating formal disciplinary proceedings that could lead to a permanent disbarment.

• Navigating the Bar-Bench Relationship: The SCBA resolution explicitly mentioned the importance of the "long-standing relationship of mutual respect and trust between the Bar and the Bench." Kishore's act was seen not just as an attack on an individual judge but as a symbolic assault on this foundational relationship. The strong condemnation from bar bodies aims to repair any damage and reaffirm the Bar's commitment to respecting judicial authority.

Aftermath and Widespread Condemnation

While the Supreme Court's Registrar declined to initiate criminal action against Kishore, leading to his release by the Delhi Police after questioning, the professional consequences have been severe. A note recovered from his possession reiterated his motive, stating, "My message is for all followers of Hinduism, this country will not tolerate any disrespect to Hinduism." In subsequent interviews, Kishore reportedly expressed no remorse, claiming he was "instructed by divine powers to act."

The incident drew widespread condemnation from across the political spectrum, with Prime Minister Narendra Modi, Congress President Mallikarjun Kharge, and several Chief Ministers decrying the act. This cross-party censure highlights a broad consensus on the need to protect judicial institutions from such attacks, regardless of the underlying political or religious motivations.

For legal professionals, this event serves as a stark and cautionary tale. It is a powerful reminder that while advocacy can be passionate, the duties of an "officer of the court" impose strict standards of conduct. The actions taken against Rakesh Kishore reaffirm that the pillars of judicial dignity, courtroom decorum, and professional ethics are non-negotiable cornerstones of India's justice delivery system.