SC issues contempt notices to Kerala Congress over ‘resign’ post targeting CJI

The Kerala Pradesh Congress Committee (KPCC) office-bearers, including its president Sunny Joseph, received contempt of court notices from the Supreme Court over a now-deleted social media post that questioned Chief Justice of India Surya Kant and asked him to resign if he felt that law and order was not his domain, in connection with the protests in Delhi seeking the resignation of Chief Election Commissioner Gyanesh Kumar.

A bench of Justices Aravind Kumar and Vipul M Pancholi issued the notices on Friday (November 6), while hearing a criminal contempt petition filed by advocate Vineet Jindal.

The petition concerns a post published on October 12 on the official X account of the Congress's Kerala unit, @INCKerala, following the CJI's remarks on protests against the Election Commission and restrictions imposed on demonstrators.

The controversy erupted after CJI Surya Kant declined to meet a delegation of Opposition leaders, including Leader of the Opposition Rahul Gandhi and Congress president Mallikarjun Kharge, who wanted to raise concerns over Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision (SIR) of electoral rolls. The CJI said the matter was sub judice and advised them to approach the court through a petition.

Earlier that day, speaking to reporters on the sidelines of an event in New Delhi, the CJI had described the protests and the restrictions imposed on demonstrators as a law-and-order issue, saying, “Ye law and order ka mudda hai. Ye mera vishay nahin hai” (This is a law-and-order issue. It does not fall within my domain).

The Congress post subsequently addressed the CJI, stating: “If law and order is not your domain, resign. We will find your replacement who can handle it.”

The remarks triggered criticism from several quarters, with Shiv Sena (Uddhav Balasaheb Thackeray) leader Sanjay Raut questioning judges' participation in BJP political events and dinners hosted by chief ministers, while journalist Nikhil Wagle also posted an abusive remark against the CJI.

The Supreme Court had issued notices to Raut and Wagle on October 16 following a plea by the Supreme Court Bar Association (SCBA), which sought contempt action against them. Wagle later deleted his post and apologised.

The Kerala Congress also removed its post and issued an apology on October 22, following a legal notice from SCBA joint secretary Meenesh Dubey, who subsequently withdrew the case. However, advocate Jindal pursued a separate contempt petition, which had been filed on October 13.

During Friday's hearing, counsel for the KPCC submitted that the post had been uploaded without the knowledge or approval of the party leadership, adding that it had since been deleted and an unconditional apology issued. The party also informed the court that the worker responsible had been stripped of his responsibilities.

The bench, however, indicated that it would examine the sincerity of the apology, with Justice Aravind Kumar observing, “We will examine if the apology has come from the pen or the heart.”

Emphasising the constitutional significance of judicial independence, the court said that freedom of expression could not be used to intimidate the judiciary or interfere with the administration of justice. “The Constitution is supreme. No individual or political organisation stands above it. Independence of the judiciary is not a matter of political convenience,” the bench observed, according to Live Law.

The court further remarked that judicial decisions remained open to criticism, but attempts to undermine the authority of the judiciary would have to be dealt with firmly, adding that “judicial restraint must never be mistaken for institutional weakness”.

The bench directed KPCC office-bearers, including its president and secretary, to show cause why contempt proceedings should not be initiated against them under the Contempt of Courts Act, 1971. While exempting them from personal appearance, it said it would consider whether the case warranted the exercise of its powers under Article 129 of the Constitution.