A first information report (FIR) has been lodged by Bengaluru Police against Delhi based advocate Rakesh Kishore who tried to hurl his shoe at Chief Justice of India (CJI) BR Gavai on October 6.
The zero FIR was lodged at Vidhan Soudha police station on a complaint lodged by another lawyer, Bhaktavachala who sought registration of case to "protect the image of judiciary".
A zero FIR is an FIR lodged at any police station irrespective of where the incident/ offence has taken place.
Kishore has been booked for offences under Sections 132 and 133 of the Bharatiya Nyaya Sanhita.
Section 132 criminalises the act of assault or criminal force to deter public servant from discharge of his duty.
Section 133 criminalisés assaut or criminal force to dishonour a person.
"On October 6, one advocate Mr. Rakesh Kishore, has committed an offence by throwing a shoe to (sic) the dias in Court Hall No 1 at the Supreme Court of India. The Hon'ble Chief Justice of India BR Gavai, and Hon'ble Justice K Vinod Chandran were seated in Court Hall No 1, Supreme Court of India, New Delhi. the complainant request to register case against accused to protect image of judiciary etc," the FIR states.
The FIR will now one transferred to the concerned police station in Delhi under whose jurisdiction the offence was committed.
The FIR was lodged despite refusal by the Supreme Court to press any complaint.
The incident in question occurred on the morning of October 6 when the bench led by CJI Gavai was hearing lawyers’ requests for urgent listings.
Kishore allegedly walked toward the dais, took off his shoe and tried to hurl it at the Chief Justice while shouting that “Sanatan dharma ka apmaan nahi sahega Hindustan.”
He was swiftly restrained by security personnel and escorted out of the courtroom.
Despite the commotion, CJI Gavai continued with the proceedings, telling those present not to lose focus. The Chief Justice remarked that incidents like these did not unsettle him.
Reportedly, the Delhi Police detained Kishore immediately after the incident and questioned him for over three hours at the Tilak Marg police station.
According to officers, they recovered from his possession a white paper note stating, “Mera sandesh har Sanatani ke liye hai… Sanatan dharma ka apmaan nahi sahega Hindustan.”
Kishore was also found carrying identity cards of the Supreme Court Bar Association, Shahdara Bar Association and the Bar Council of Delhi.
Following the questioning, the police said Kishore was released after the Supreme Court’s Registrar General formally conveyed that the Court would not be pressing charges. The Registrar also directed the police to return Kishore’s shoes and documents.`
However, shortly after widespread condemnation of the incident, the Bar Council of India suspended the lawyer's bar license.
Kishore later appeared in the media and justified his action.