Supreme Court Bar Association (SCBA) Joint Secretary and advocate Meenesh Dubey has issued a legal notice to Kerala Pradesh Congress Committee (KPCC) president Sunny Joseph over a controversial social media post calling for Chief Justice of India (CJI) Surya Kant’s resignation, seeking a written explanation and questioning the absence of a public apology.
The notice requires Joseph to respond within seven days of its receipt and warns that Dubey may initiate criminal contempt proceedings before the appropriate forum if the response is found unsatisfactory.
The legal notice concerns a post published on October 12 from the verified X account of the Kerala Congress unit, which asked the CJI to resign if law and order did not fall within his domain and stated that a replacement could be found to handle the issue. The post was subsequently deleted.
Dubey has sought disclosure of the identity and designation of the individual who drafted and published the post, along with details of those who approved or authorised its publication.
The notice also questions whether any disciplinary action was initiated against the person concerned beyond their removal from the responsibility of managing the party’s social media account.
It further seeks an explanation from Joseph as to why he has not issued an explicit public apology to the CJI in his capacity as the state Congress president.
The notice maintains that deleting the post and distancing the party leadership from its contents do not, by themselves, resolve questions of accountability for a statement issued through an official political party account.
Following the backlash, Joseph reportedly stated that the post had been published without the knowledge, consent or consultation of the KPCC leadership. He also said that the individual responsible had been removed from the position and that the state unit would examine the circumstances in which the message was published.
The Congress’s national leadership also disapproved of the post, with party spokesperson Pawan Khera stating that the party disagreed with the position expressed in the message and maintained its faith in the judiciary. <Cite refs=
However, Dubey’s notice seeks further clarification on whether a formal internal inquiry was conducted and whether the party considered additional disciplinary measures against those responsible.
The notice also calls for the preservation of relevant electronic evidence, including account-access logs, internal communications and records relating to the drafting, approval and publication of the disputed post, subject to applicable law.
Dubey has emphasised that although political expression is an essential feature of a democratic system, political parties and their office-bearers must exercise due care when issuing communications through official channels, particularly when such statements concern constitutional institutions.
The notice raises concerns about the potential implications of the post for the dignity and independence of the judiciary while recognising that any legal liability would have to be determined in accordance with the facts and applicable law.
Dubey has reserved his right to pursue remedies available under law, including initiating criminal contempt proceedings, depending on the response received from Joseph.
The controversy erupted after the Kerala Congress unit reacted to remarks attributed to CJI Surya Kant concerning protests against Chief Election Commissioner Gyanesh Kumar in Delhi. The CJI had reportedly observed that the situation involved a law-and-order issue.
The Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association had separately criticised public calls for the CJI’s resignation, expressing concern that such statements could undermine the dignity of the judicial office and public confidence in the judiciary.
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