Suspended Lawyer Rakesh Kishore Defends Shoe-Throw Attempt at CJI Gavai, Claims ‘Emotional Distress’ Not Regret
Rakesh Kishore is a suspended senior Supreme Court lawyer. He claimed that he was not intoxicated and had "no regret" for his attempt to throw a shoe at Chief Justice BR Gavai.
Aadrika Tayal 
New Delhi (India) October 7: Senior attorney Rakesh Kishor refused to express regret for his actions. It comes a day after the Bar Council of India suspended him. It was for trying to toss a shoe at Chief Justice of India (CJI) BR Gavai in a courtroom.
Kishore said, “The CJI should think that when he is sitting on such a high constitutional post, he should understand the meaning of 'Milord' and uphold its dignity. You go to Mauritius and say that the country will not run with a bulldozer. I ask the CJI and those opposing me: Is the bulldozer action by Yogi (Adityanath) ji against those who encroached on government property wrong? I am hurt and will continue to be so.”
Claims CJI Mocked PIL
Rakesh Kishore justified his actions by claiming they were a response to what he saw as the "mockery" of a September 16 public interest litigation (PIL).
He said, “I was deeply hurt. On September 16, a PIL (public interest litigation) was filed by an individual in the chief justice’s court. Justice Gavai completely mocked it. Mockery in the sense that he said, ‘Go pray to the idol, ask the idol to restore its own head’.”
Cites Bias in Judiciary’s Approach to Communities
He claimed that in cases involving other communities, the judiciary takes a different approach.
Kishore added, “We see that the same chief justice takes big steps when a case comes up against other communities. Let me give an example: In Haldwani, railway land is encroached upon by a specific community. When attempts were made to remove the encroachment, the Supreme Court imposed a stay three years ago, which is still in effect today. Similarly, when the Nupur Sharma case came up, the court said, 'You have spoiled the atmosphere'. They do all that. That is perfectly fine.”
Kishore used cases like Jallikattu and Dahi Handi to show his disappointment with the court's treatment of Sanatan Dharma-related matters.
He said, “Whenever an issue related to our Sanatan Dharma comes up, this Supreme Court continues to pass some kind of order regarding it. I am very sad that they should not be doing this.”
Says Actions Stemmed from Emotional Hurt
The attorney argued that his behavior was motivated by "emotional distress" rather than alcohol or impulse.
Rakesh said, “It's not like I was drunk, or I had taken any pills, and then came and did something. Nothing like that happened. They took action. It was my reaction.
Although I am strongly against violence, you must also consider why a non-violent, simple, honest person, who has no case against him till date and doesn't belong to any group, had to do all this? This is certainly something worth thinking about. The whole country should reflect on what happened.”
Raises Caste and Religious Identity Issues in Defense
He discusses the incident's caste dynamics. The lawyer states, “My name is Dr Rakesh Kishore. Can someone tell my caste? Maybe I am a Dalit too. It is one-sided that you are taking advantage of the fact that he (CJI Gavai) is a Dalit. He is not a Dalit. He was a Sanatani Hindu first. He then renounced his faith and followed Buddhism. If he feels that he has come out of Hinduism after following Buddhism, how is he still a Dalit? This is about mindset.”
Kishore allegedly tried to toss a shoe during proceedings. It caused a major chaos in CJI Gavai's courtroom. The act was deemed "a blot on the legal fraternity" by the Bar Council of India. They quickly suspended his license.
However, despite the attempted attack, CJI Gavai maintained her composure and carried on with the proceedings. According to reports, he instructed security guards and court employees to "just ignore it". Gavai dismissed the 71-year-old lawyer with a warning.
