The court room drama in CJI BR Gavai’s court, where a 71 year old lawyer hurled a shoe on him, is deeply problematic and symbolic of the rot that has set in, across our society and polity.
The incident is of greater significance than a concern for security or the contempt of court and authority. It is symptomatic of the current discourse, assuming a majoritarian impunity and hegemonic subservience to its ideology.
The audacity to shout slogans, and justify the act on grounds of perceived insult to sanatan faith is not only about hurt sentiments, but the approval and recognition it accords is lucrative.
The matter started with a PIL seeking restoration of a Vishnu idol in Khajuraho Temple complex. The court rightly dismissed the petition, saying that it pertains to the restorative functions of the archaeological survey of India, under whose custody the complex is.
After all PIL is a legal innovation, to take justice to those, who do not have access to it. The idol is very much under the care of the ASI and even if aggrieved, people have the wherewithal to repair and restore it.
The PIL was therefore an abuse of the process and benevolence of the court. Justice gavai had aptly called it a publicity interest litigation. His comment about praying to the deity, to restore the idol, was just calling out the intentions of the petitioner.
The comment has since been widely criticized on social media and created political opportunities for many.
The culprit went on to apologize to Justice Vinod Chandran, who was sharing the bench, saying it was aimed at the CJI. This can also have caste prejudice, given the caste of the CJI.
Recent incidents involving his family, where his octogenarian mother declined the invitation of the RSS, for its centennial celebrations, has also earned him the ire of the hindutva ecosystem.
Though the incident might have many more layers and connotations, it is a serious case of contempt of court. The reputation of the Supreme Court and the entire judiciary in general, has been badly affected by its perceived leniency towards the government and its hindutva ideology.
If this incident is not dealt strictly, the credibility of the Supreme Court would be further undermined and it would be devastating for our polity and the republic.
