'Constitution supreme; no political organisation stands above it':SC issues contempt notice to Kerala Congress over post against CJI

The Supreme Court on Friday issued notices to office-bearers of the Kerala Pradesh Congress Committee (KPCC) over a now-deleted social media post demanding Chief Justice of India Surya Kant’s resignation, saying freedom of expression cannot be used to shield intimidation or interference with the administration of justice.

Court says judicial independence cannot face political pressure

A bench of Justices Aravind Kumar and Vipul M Pancholi asked the functionaries, including the state Congress president and secretary, to explain why contempt proceedings should not be initiated against them.

“The Constitution is supreme; no individual or political organisation stands above it. Independence of the judiciary is not a matter of political convenience,” legal news portal Live Law quoted the bench as saying.

While observing that judicial decisions could be criticised, the bench said such criticism must not interfere with the administration of justice or subject judicial independence to political pressure.

“Freedom of expression cannot be a shield for intimidation or interference with the administration of justice,” it said, adding that any attempt to undermine the authority of a court “needs to be dealt with an iron hand”.

“Judicial restraint must never be mistaken for institutional weakness,” Live Law quoted the bench saying. It also observed that the court derived its authority from the Constitution and the rule of law, rather than the approval of political parties or individuals.

What prompted Kerala Congress post against CJI Surya Kant?

The row began after the Kerala Congress posted a message on its official X account on October 12, which 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, which was subsequently deleted, followed remarks made by the Chief Justice during an interaction with reporters on the sidelines of a National Human Rights Commission event in New Delhi.

Asked about protests against Chief Election Commissioner Gyanesh Kumar and restrictions imposed in the national capital, the CJI had said the situation concerned law and order and was outside his domain. He had, however, said citizens and elected representatives could approach the Supreme Court through the prescribed legal process to seek relief.

The remarks came amid opposition protests over alleged electoral irregularities and demands for the Chief Election Commissioner’s resignation.

KPCC apologises, says post was unauthorised

Following criticism of the post, KPCC president Sunny Joseph said it had been published without the knowledge, consent or approval of the state party leadership. The party identified worker Vijay Thottathil as responsible for the message and said he had been removed from his assigned responsibilities.

Joseph subsequently tendered an unconditional apology to the Chief Justice in an October 22 reply to a legal notice issued by Supreme Court Bar Association joint secretary Meenesh Dubey.

Maintaining that the remarks did not reflect its official position, the KPCC reaffirmed its respect for the Constitution and the independence of the judiciary. It also said it would review access to its social media accounts and the procedures for approving posts to prevent a recurrence.