The Supreme Court on Friday issued notices to office-bearers of the Kerala Pradesh Congress Committee (KPCC), including its president and secretary, asking them to explain why contempt proceedings should not be initiated over a now-deleted social media post targeting Chief Justice of India (CJI) Surya Kant.
A bench of Justices Aravind Kumar and Vipul M Pancholi was hearing a petition filed by advocate Vineet Jindal, who sought action over a post published on the official X account of the Congress’s Kerala unit.
The post, published on October 12, was addressed to CJI Surya Kant and read: “Dear Surya Kant, If law and order is not your domain, resign now. We will find your replacement who can handle it.”
Taking note of the post, the bench stressed the importance of constitutional authority and judicial independence. It observed that no individual or political organisation stood above the Constitution.
The court also said that while judicial decisions could be criticised, freedom of expression could not be used to intimidate the judiciary or interfere with the administration of justice.
“Freedom of expression cannot be a shield for intimidation or interference with the administration of justice,” the bench observed.
It added that judicial restraint should not be mistaken for institutional weakness and said attempts to undermine the authority of courts would be dealt with strictly.
Kerala Congress Says Post Was Unauthorised
During the hearing, counsel for the KPCC told the court that the post had been published without the knowledge or approval of the party’s office-bearers.
The counsel said the post was deleted after the leadership became aware of it and that an unconditional apology had been issued. The party also undertook to file an unconditional apology before the court.
Justice Aravind Kumar said the court would examine whether the apology was genuine, remarking, “We will see if the apology is from the heart or just from the pen.”
The KPCC had earlier maintained that a party worker had uploaded the post without authorisation. The individual responsible was removed from their responsibilities, while party president Sunny Joseph had also expressed regret over the post in response to a legal notice from a Supreme Court lawyer.
Supreme Court Seeks Responses From Office-Bearers
The bench directed that notices be issued to KPCC office-bearers, including the president and secretary, asking them to show cause why contempt proceedings should not be initiated under the Contempt of Courts Act, 1971.
The court exempted them from personal appearance at this stage.
It also indicated that it would consider whether to exercise its powers under Article 129 of the Constitution, which empowers the Supreme Court to punish for contempt of itself.
The bench further said it might appoint senior advocates Arvind Datar and Siddharth Agarwal as amici curiae to assist in the matter. The Attorney General was also requested to assist the court.
