SC Issues Contempt Notice To Kerala Congress Over Post Targeting CJI Surya Kant

The Supreme Court on Friday issued contempt notices to all office-bearers of the Kerala Pradesh Congress Committee (KPCC), including its president and secretary, over a controversial social media post targeting Chief Justice of India (CJI) Surya Kant, observing that judicial independence cannot be treated as a matter of political convenience and that freedom of expression cannot be used to intimidate the judiciary or interfere with the administration of justice.

A Bench comprising Justices Aravind Kumar and Vipul M Pancholi said the Constitution is supreme and no individual or political organisation stands above it. While judgments are open to criticism, the court stressed that attempts to undermine judicial authority must be dealt with firmly. It sought the assistance of Attorney General R Venkataramani and appointed a senior advocate as amicus curiae to examine whether civil or criminal contempt provisions apply.

The proceedings concern an October 12 post from the Kerala Congress's official X account stating, "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 subsequently deleted following widespread criticism. KPCC president Sunny Joseph issued an unconditional apology, saying it was published without the leadership's approval. He identified Vijay Thottathil, a KPCC Media Cell member, as responsible and said he had been removed from the assigned responsibilities.

The controversy emerged after CJI Surya Kant declined a meeting request from Congress president Mallikarjun Kharge and Leader of Opposition Rahul Gandhi on October 12. The INDIA bloc leaders had sought to submit a memorandum raising concerns over Chief Election Commissioner Gyanesh Kumar, the Election Commission's functioning, electoral-roll revision and other issues. The CJI said the matters were already pending before the court and advised them to approach it through established judicial procedures, citing separation of powers and judicial propriety.

Meanwhile, separate contempt proceedings were initiated against Shiv Sena (UBT) MP Sanjay Raut and journalist Nikhil Wagle over remarks concerning the CJI. The Supreme Court issued notices on October 16 after Attorney General Venkataramani granted consent on October 15. Wagle subsequently apologised, while Raut was directed to appear physically at the November 17 hearing.

Under Article 129 of the Constitution and the Contempt of Courts Act, 1971, the Supreme Court can punish conduct that undermines its authority or obstructs justice. However, fair criticism of judgments remains protected. The Kerala Congress matter is scheduled for further consideration on December 15, with no final finding of contempt yet.