The Supreme Court on Friday issued a notice to office-bearers of the Kerala Pradesh Congress Committee (KPCC), including its senior functionaries, seeking an explanation as to why contempt proceedings should not be initiated against them over a controversial social media post calling for Chief Justice of India (CJI) Surya Kant’s resignation.
A Bench of Justices Aravind Kumar and Vipul M Pancholi directed the party functionaries to show cause in connection with the post published on the official X account of Congress Kerala on October 12.
Taking note of the allegations, the Bench observed that it would examine whether the material warranted the exercise of its jurisdiction under Article 129 of the Constitution, which empowers the Supreme Court to punish for contempt of itself.
The Court also indicated that it may appoint Senior Advocates Arvind Datar and Gaurav Agarwal as amici curiae to assist it in determining whether the allegations warrant initiation of civil or criminal contempt proceedings. The Attorney General was also requested to assist the Court.
During the hearing, counsel appearing for the Kerala Congress submitted that the controversial post had been uploaded without the knowledge or approval of the party’s office-bearers. The counsel further informed the Court that an unconditional apology had been tendered and a press statement had subsequently been issued clarifying the party’s position.
Acknowledging that the post should never have been published, the counsel said it had been removed on the same day.
The Bench, however, emphasised that the consequences of such publications could not be overlooked merely because the material had subsequently been withdrawn.
“Once the damage is caused… tomorrow it could happen to every profession, every institution. We operate within the four corners of the Constitution,” the Court remarked.
In its observations, the Bench underscored that constitutional supremacy and judicial independence cannot be compromised by political considerations. It said that while judicial pronouncements remain open to criticism, freedom of expression cannot be invoked to justify intimidation or interference with the administration of justice.
The Court further cautioned that judicial restraint should not be construed as institutional weakness, adding that any attempt to undermine the authority of the judiciary must be dealt with firmly.
It also made clear that the authority of the Supreme Court flows from the Constitution and the rule of law, rather than political endorsement or approval.
The controversy originated from a post published on October 12 by the verified X account of Congress Kerala. Addressing the Chief Justice, the post stated: “Dear Surya Kant, If law and order is not your domain, resign now. We will find your replacement who can handle it.”
The post was subsequently deleted following widespread criticism.
The matter reached the Supreme Court after advocate Vineet Jindal wrote to the CJI on October 13, seeking consideration of contempt action. In his representation, Jindal questioned whether the statement constituted permissible political criticism or crossed the threshold attracting criminal contempt jurisdiction.
He argued that the constitutional office of the CJI could not be subjected to the approval or displeasure of a political organisation.
The Supreme Court subsequently registered a writ petition on the basis of the representation.
Meanwhile, KPCC President Sunny Joseph had tendered an unconditional apology to the CJI in a formal response dated October 22 to a legal notice issued by Supreme Court Bar Association Joint Secretary and advocate Meenesh Dubey.
In the response, Joseph maintained that the post had been published by party worker Vijay Thottathil without the knowledge, consent or consultation of the state leadership. Thottathil was subsequently removed from his responsibilities.
The Congress counsel reiterated the apology before the Supreme Court on Friday.
The matter has now been posted for further hearing on December 15.
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