AIBA SEEKS FIR AGAINST ADVOCATE FOR ATTEMPT TO ASSAULT CJI GAVAI

Date:

New Delhi, October 7, 25. The All India Bar Association (AIBA) has written to the Commissioner of Delhi Police, Mr. Satish Golcha, seeking immediate registration of an FIR against Advocate Rakesh Kishore for allegedly attempting to hurl his shoe at Chief Justice of India, Justice B.R. Gavai, during court proceedings on October 6.

Incident Condemned by Legal Fraternity and National Leaders

In a letter, AIBA Chairman Dr. Adish C Aggarwala stated that the entire legal fraternity was deeply disturbed by the unprecedented incident that took place inside the Supreme Court.

Dr. Aggarwala, who has been President of the Supreme Court Bar Association, noted that while the Chief Justice of India displayed “magnanimity and composure” by refusing to initiate contempt proceedings, the act constituted serious offences under the Bharatiya Nyaya Sanhita, 2023, and warranted prompt police action.

Dr. Aggarwala highlighted that the incident had been condemned by the Prime Minister, the Union Law Minister, the Solicitor General, and the Bar Council of India, which has already suspended Mr. Kishore from practice.

CJI’s Remarks on Vishnu Should Have Been Avoided

Referring to the context behind the incident, Dr. Aggarwala, who also served as Vice-Chairman of Bar Council of India, observed that the controversy arose from a misunderstanding of the Chief Justice’s earlier comment during judicial proceedings. He stated: “We feel that it was not necessary for the Hon’ble Chief Justice of India to make the remark, ‘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.’ It has been widely observed that this statement caused anguish among many people across India. However, despite this, the outrageous and indecent act committed by Mr. Rakesh Kishore cannot be tolerated under any circumstances.”

Call for Police Action Under Bharatiya Nyaya Sanhita

Dr. Aggarwala emphasized that the act took place within the jurisdiction of Police Station Tilak Marg and urged the Commissioner to direct immediate registration of an FIR suo motu under Sections 131, 132, 229, 353, 356, and 309 of the Bharatiya Nyaya Sanhita, 2023, which deal with criminal force against a public servant, obstruction of official duties, and acts disturbing public tranquility.

He also cited that the video recording of the entire courtroom proceedings is available with the Registry of the Supreme Court, providing direct evidence of the incident.

Upholding the Dignity of the Judiciary

Calling the Supreme Court “the highest temple of justice in our democracy,” Dr. Aggarwala stated that any act of aggression against its Chief Justice is “an affront to the entire judicial institution and the rule of law.”

He urged that 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.

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