Context: An Attack that Shook the Supreme Court Premises
The incident involving lawyer Rakesh Kishore, who allegedly removed his shoes and hurled them toward Chief Justice of India (CJI) BR Gavai during a Supreme Court hearing, has sparked a broader debate on courtroom decorum and the role of judicial remarks. The episode occurred while the court was hearing a petition relating to the restoration of a seven-foot Vishnu idol at the UNESCO World Heritage Khajuraho temple complex. Prime Minister Narendra Modi condemned the act and commended Justice Gavai’s calm under pressure.
Markandey Katju’s Perspective: Silence, Serenity, and the Power of Restraint
In a recent opinion piece, former Supreme Court judge Markandey Katju condemned the act of throwing a shoe but argued that provocative courtroom rhetoric by judges can provoke such reactions. He asserted that “a much talking judge is like an ill tuned cymbal,” a quote he attributed to Sir Francis Bacon. Katju contrasted the lively proceedings of some courts with the “pin-drop silence” of a British court, where judges hear with minimal disruption and only interject to clarify points.
Katju’s reflections extended to the Rajya Sabha and high-profile Supreme Court cases, noting what he sees as a trend toward judges posing questions, rather than simply listening and ruling. He cited a recent bail hearing in the Supreme Court and a case involving a doctor’s murder, arguing that excess dialogue from the bench can, in his view, aggravate tension inside the courtroom.
Judicial Decorum: Why Calm Renders Stronger Justice
The broader argument is not to excuse an attack but to emphasize the environment in which justice is dispensed. Katju’s piece advocates for a courtroom atmosphere characterized by serenity, calm, and tranquility. He points to his experiences in British courts as exemplars of restrained conduct, where arguments are argued vigorously, but with measured tones and restrained interventions from the judge.
Proponents of this view argue that when judges frequently interrupt, question aggressively, or engage in extended dialogue, it can erode public trust and invite provocative responses from aggrieved parties. The incident in Delhi raises questions about whether the Supreme Court and Indian courts should recalibrate bench techniques to reduce perceived theatrics while preserving robust advocacy.
Official Reactions: From the Prime Minister to the Supreme Court
Prime Minister Narendra Modi spoke to CJI Gavai to condemn the assault and to acknowledge the anger it provoked across the country. Modi commended Justice Gavai’s composure and emphasized that such acts have no place in Indian society. The Bar Council of India subsequently suspended Rakesh Kishore, signaling that the legal profession intends to uphold decorum and accountability in courtrooms.
What This Means for Courtroom Conduct Going Forward
The incident has reignited debates about how much judges should speak from the bench and how counsel, litigants, and the media interpret courtroom theatrics. While restraining dramatic outbursts is widely supported, there is also recognition that vigorous advocacy and provocative questions can play roles in highlighting injustices or procedural gaps. The challenge lies in balancing free and frank discussion with the need to maintain order and respect within the highest judiciary.
Key Takeaways
- Public condemnation of the act was swift, but calls for restraint in judicial speech gained prominence.
- Experts emphasize a calm, low-tone courtroom as a model for future proceedings.
- The ongoing debate underscores the importance of decorum in upholding the integrity of the judiciary.
Conclusion
As India reflects on this alarming incident, the central question remains: how can courts protect the dignity of the bench while preserving robust, transparent legal advocacy? Former judges like Markandey Katju suggest that less talk from the bench might prevent provocative reactions, while the legal fraternity must continue to engage constructively with the public’s concerns about justice and accountability.
