CJI Surya Kant. (File photo)

Supreme Court issues contempt notices to Keralam Congress leaders over CJI post

The Supreme Court issued contempt notices to Kerala Congress office-bearers over a deleted post targeting the CJI. The proceedings will determine whether the matter constitutes civil or criminal contempt.

by · India Today

In Short

  • Judges say free expression cannot shield intimidation of judicial institutions
  • KPCC claims the post lacked leadership approval and apologised unconditionally
  • Senior advocates will assess whether alleged contempt is civil or criminal

The Supreme Court on Friday issued contempt notices to all office-bearers of the Keralam unit of the Congress over a social media post targeting Chief Justice of India Surya Kant.

Observing that judicial independence was not a matter of “political convenience”, the court said the Constitution was supreme and no individual or political organisation was above it.

A bench of Justices Aravind Kumar and Vipul M Pancholi said: “Judgments are always open to criticism. Freedom of expression can't be a shield of intimidation to interfere with the administration of justice. Howsoever high position a person occupies, any attempt to undermine the authority of the court needs to be dealt with an iron hand.”

“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 added.

The court said judicial restraint must never be mistaken for institutional weakness.

CONGRESS CITES APOLOGY, REMOVAL OF POST

During the hearing, counsel for the Keralam Pradesh Congress Committee said the material had been uploaded without the approval of its office-bearers and was later removed. He also told the court that an unconditional apology had been issued.

Justice Kumar said the court would examine “whether it has come from the pen or heart”.

The court said it would appoint senior advocates Arvind Datar and Siddharth Agarwal as amici curiae to examine whether the matter involved criminal or civil contempt. It also sought the assistance of Attorney General R Venkataramani.

POST TRIGGERED COMPLAINT

The post, published on the Congress unit’s official X account, went viral on October 12 and drew sharp criticism before being deleted. The party later said it had removed the person responsible from the role.

A complaint addressed to the Chief Justice of India by advocate Vineet Jindal on October 13 was registered as a writ petition on October 30.

The complaint also sought an inquiry into whether a political demonstration and slogan-shouting involving Rahul Gandhi and other leaders on the Supreme Court premises on October 12 had taken place without authorisation or obstructed the movement of advocates, litigants, judicial officers or court staff.

In an earlier statement, KPCC president Sunny Joseph said the post had been published without the knowledge, consent or consultation of the party leadership.

Joseph also said the Congress had no disagreement over the impartiality of the judiciary.

- Ends