New Delhi- The Supreme Court on Monday refused to initiate contempt action against a lawyer who had attempted to throw a shoe at Chief Justice of India BR Gavai but said it will consider laying down guidelines to prevent such incidents.

Noting that the CJI himself had refused to proceed against 71-year-old Rakesh Kishore, a bench of Justices Surya Kant and Joymalya Bagchi said shouting slogans in court and hurling shoes are clear cases of contempt of court but it all depends on the judge concerned under the law whether to proceed or not.

“Issuing contempt notice will only give undue importance to the lawyer who had hurled shoe at the CJI and would increase the shelf life of the incident,” the bench said, adding the incident should be allowed to die its own natural death.

The bench was hearing a plea of the Supreme Court Bar Association (SCBA) seeking contempt action against advocate Kishore, who attempted to hurl the shoe towards the CJI on October 6 during court proceedings.

Observing that though the conduct of Kishore“amounted to serious and grave criminal contempt which cannot be pardoned”, Justice Kant asked whether the court should exercise its jurisdiction when the CJI has already shown leniency in pursuing the matter.

“But once the CJI has pardoned, should we go into this. Although, we are inclined to examine other aspects like the John Doe order and preventive measures,” Justice Kant said.

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