- Supreme Court issued contempt notice to Kerala Congress over post.
- Court stressed judicial independence, upholding its authority firmly.
- KPCC apologized, removing worker responsible for the unauthorized post.
The Supreme Court on Friday issued a contempt of court notice to office-bearers of the Kerala unit of the Congress party over a social media post calling for Chief Justice of India (CJI) Surya Kant’s resignation.
A Bench of Justices Aravind Kumar and Vipul M Pancholi asked the office-bearers of the Kerala Pradesh Congress Committee (KPCC) to show cause as to why contempt proceedings should not be initiated against them.
“Having regard to the nature of allegations, we consider it appropriate to examine whether the material warrants examination by this Court under Article 129 of the Constitution,” the Court said.
The Bench indicated that senior counsels Arvind Datar and Gaurav Agarwal could be appointed as amici curiae to assist it in determining whether criminal or civil contempt proceedings should be initiated. It also urged the Attorney General to assist the Court.
The Court noted that counsel representing the Kerala Congress had undertaken to file an apology over the social media post.
‘Authority Of Court Rests On Constitution, Rule Of Law’
The Supreme Court said no individual or political organisation is above the Constitution and stressed that judicial independence cannot be a matter of political convenience.
“Judgements are always open to criticism, however severe. But freedom of expression cannot become a shield for intimidation or interference with the administration of justice. Howsoever high position a person may occupy, that person cannot be allowed to pollute the stream of justice,” the Bench said.
It added that judicial restraint should not be mistaken for institutional weakness, warning that any attempt to undermine the authority of the court must be dealt with firmly.
“The authority of this Court requires neither political endorsement nor approval. It rests upon the Constitution and the rule of law,” the Court said.
The Bench further said that if interference with the administration of justice is established, the law must take its course irrespective of the identity or influence of those responsible.
“Judicial restraint must never be mistaken for institutional weakness. Any attempt to undermine the authority of the court is required to be dealt with an iron hand,” it said.
What Did Congress Kerala’s Post Say?
The controversial post appeared on the official X handle of Congress Kerala on October 12. It read: “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 deleted shortly afterwards.
The Court registered a writ petition in the matter following a letter written to the CJI by advocate Vineet Jindal on October 13.
In his letter, Jindal said the office of the CJI “cannot be treated as one whose continuance is subject to the approval or displeasure of any political organisation”.
He questioned whether the post fell within the bounds of permissible political criticism or warranted consideration under the law relating to criminal contempt of court.
KPCC Had Earlier Tendered Unconditional Apology
The development comes days after the KPCC tendered an unconditional apology to CJI Surya Kant over the post.
In a reply dated October 22 to a legal notice issued by Supreme Court Bar Association Joint Secretary Meenesh Dubey, KPCC President Sunny Joseph said the post had been published by party worker Vijay Thottathil without the leadership’s knowledge, consent or consultation. Thottathil was subsequently removed from his position, according to the reply.
Congress counsel told the Court on Friday that the post had been uploaded without the approval or consent of the office-bearers.
“Unconditionally we are tendering an apology. Next day a press release was also issued,” the counsel said.
He added that the post should not have been uploaded and was removed the same day.
“It should not have been done, no doubt about it,” the counsel said.
The Court responded, “Once the damage is caused… tomorrow it could happen to every profession, every institution. We operate within the four corners of the Constitution.”
The matter will be heard next on December 15.
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