By Dr Adish C Aggarwala*
Law Must Respond Firmly to Courtroom Outburst
New Delhi: The police should immediately register a case against Advocate Rakesh Kishore, who attempted to hurl his shoe at Chief Justice of India Justice B. R. Gavai inside the Supreme Court on October 6, 2025. Such an act within the country’s highest court is an affront to judicial dignity and the rule of law, and cannot be brushed aside merely because the Chief Justice chose magnanimity over retribution.
The incident took place in Court No. 1 during the morning mention of cases. Kishore, 71, was heard shouting “Sanatan ka apmaan nahi sahenge” (“We will not tolerate insult to Sanatan Dharma”) before he was restrained by security personnel. The Chief Justice, unperturbed, directed that the proceedings continue. His composure in the face of provocation exemplified the restraint expected of those who preside over justice.
However, restraint by the judiciary does not absolve the executive from its duty under law. The act constitutes serious offences under the Bharatiya Nyaya Sanhita, 2023, including Sections 131, 132, 229, 353, 356, and 309, which deal with criminal force against a public servant, obstruction of duty, and acts disturbing public tranquillity. The law makes no exception for such behaviour within a court, and the police are bound to act regardless of whether a complaint is lodged by the court registry.
According to Delhi Police, Kishore was questioned for about three hours before being released, as the Supreme Court Registry declined to file a formal complaint. The incident, which occurred under the jurisdiction of Tilak Marg Police Station, was recorded on courtroom video cameras—direct evidence sufficient to support a suo motu action. Failure to register an FIR despite such evidence undermines public confidence in the even-handed enforcement of law.
The outburst reportedly followed a remark made by the Chief Justice in an earlier hearing, when he told a litigant, “Go and ask the deity itself to do something now. You say you are a staunch devotee of Lord Vishnu. So go and pray now.”
The Hon’ble Chief Justice of India didn’t need to remark, and it has been widely observed that this statement caused anguish among many people across India.
While such a comment may have been avoidable in a matter touching upon religious sensitivity, no grievance, however personal or profound, can justify a violent outburst in a court of law. The outrageous and indecent act committed by Mr Rakesh Kishore cannot be tolerated under any circumstances.
The episode has been condemned across the country. The Prime Minister, Union Law Minister, Solicitor General, and Bar Council of India have all deplored the act, with the Bar Council already suspending Kishore from practice. Judges’ associations, lawyers’ bodies, and civil society groups have echoed the view that the assault was not on a person but on the institution of justice itself.
In this regard, the All India Bar Association has written to Delhi Police Commissioner Satish Golcha, urging immediate registration of a case and an impartial investigation. The police must act swiftly to preserve the dignity of Constitutional institutions and reaffirm the supremacy of law and justice through impartial investigation and prosecution. The availability of courtroom video footage leaves no scope for ambiguity or delay.
The Supreme Court stands as the highest temple of justice in our democracy. Any aggression against its Chief Justice is an attack on the very foundation of constitutional order. To uphold the faith of citizens in the sanctity of the judiciary, the law must now respond with firmness, fairness, and immediacy.
*Chairman, All India Bar Association, ex-president, Supreme Court Bar Association, and ex-vice chairman, Bar Council of India.
