The Supreme Court on Friday issued a contempt notice to all office bearers of the Kerala Pradesh Congress Committee (KPCC) over a social media post that targeted Chief Justice of India Surya Kant. The notice came on a writ petition filed by Advocate Vineet Jindal seeking suo motu action against the Kerala unit of the party regarding the post published on the official X account of the Indian National Congress Kerala unit (@INCKerala).
The now-deleted post that appeared on October 12 read: “Dear Surya Kant, if law and order is not your domain, resign now. We will find your replacement who can handle it.”
A bench of justices Aravind Kumar and Vipul M Pancholi said that the Constitution is supreme and no individual or political organisation stands above it. It noted that while judgments are always open to criticism, the freedom of expression cannot be a shield for intimidation or interference with the administration of justice. "Authority of the court doesn't require political endorsement; it rests on the rule of law. Where administration of justice is established, the law must take its course," the bench said.
"Judicial restraint must never be mistaken for institutional weakness," the bench stated.
The top court also issued a notice to office-bearers of the Kerala Pradesh Congress Committee (including the President and Secretary) to show cause why contempt proceedings should not be initiated under the Contempt of Courts Act, 1971.
The counsel for the KPCC submitted that the material was uploaded without the office-bearers' approval. It was taken down, and an unconditional apology was issued.
However, Justice Aravind Kumar observed that the court would examine “whether it has come from the pen or your heart.” The bench also exempted the office-bearers from personal appearance and indicated it would examine whether the material warrants the exercise of powers under Article 129 of the Constitution.
The top court said it has appointed a senior advocate as amicus curiae in the matter to examine whether criminal or civil contempt applies in the matter and also sought Attorney General R Venkataramani's assistance in the matter.
The KPCC had removed the post immediately after it was uploaded, after it drew widespread criticism. Issuing an apology over the matter, KPCC President Sunny Joseph said that the post was uploaded by a party worker without the knowledge, consent or approval of the leadership. He said the individual was stripped of responsibilities, and that an unconditional apology was subsequently tendered.
