SC issues contempt notice to Keralam Congress office-bearers:Says judicial independence not a political convenience; case over post on CJI Surya Kant

The Supreme Court on Friday issued contempt notices to all office-bearers of the Kerala Pradesh Congress Committee (KPCC) over a social media post targeting Chief Justice of India (CJI) Surya Kant. The post, published from the Kerala Congress’s official X account on October 12, had criticised the CJI over his handling of a law-and-order issue. A bench of Justices Aravind Kumar and Vipul M. Pancholi said the independence of the judiciary cannot be subjected to political considerations. It observed that the Constitution is supreme and no individual or political organisation is above it. The bench clarified that while court judgments can be criticised, freedom of speech cannot be used to intimidate or pressurise the judicial system. During the hearing, the KPCC’s lawyer told the court that the post had been published without the knowledge or approval of the party leadership and was subsequently deleted. He also submitted that the party had tendered an unconditional apology. Justice Aravind Kumar said the court would examine whether the apology was genuine or merely an attempt to avoid legal consequences. The Supreme Court will also consider whether the matter amounts to criminal or civil contempt. It appointed senior advocates Arvind Datar and Siddharth Agrawal as amicus curiae to assist in the proceedings. The court also sought assistance from Attorney General R Venkataramani. What was the controversial post? The Kerala Congress’s official X account published the post on October 12, questioning the CJI’s handling of a law-and-order matter. It stated, “If maintaining law and order is not within your jurisdiction, resign now. We will bring someone in your place who can handle it.” The post went viral and attracted criticism before being deleted a few hours later. Following the controversy, KPCC president Sunny Joseph tendered an unconditional apology to CJI Surya Kant. The party also said that the person responsible for the post had been removed from their position. Complaint filed by advocate Vineet Jindal Advocate Vineet Jindal had sent a complaint to the CJI on October 13, which was registered as a writ petition on October 30. The complaint sought an investigation into an alleged unauthorised political demonstration and sloganeering inside the Supreme Court premises on the evening of October 12. It also sought to establish whether the protest obstructed the movement of lawyers, litigants, judicial officers or court employees. Rahul Gandhi and other Opposition leaders had participated in the march to the Supreme Court. Ten leaders had also approached the court over alleged electoral irregularities. BJP and SCBA criticised the post The BJP criticised the Kerala Congress over the post. BJP spokesperson Pradeep Bhandari accused the party of insulting the judiciary and constitutional institutions. The Supreme Court Bar Association (SCBA) also condemned the remarks, stating that such comments undermine the dignity of the judiciary and interfere with judicial proceedings. CJI had declined meeting with Opposition leaders A day before the October 12 march, CJI Surya Kant had declined a request to meet INDIA bloc leaders. The Opposition leaders wanted to submit a memorandum opposing the Special Intensive Revision (SIR) of electoral rolls and seeking the resignation of Chief Election Commissioner Gyanesh Kumar. The CJI had said the matter was already pending before the Supreme Court and advised the leaders to approach the court through a petition. ​