Supreme Court issues contempt notice to Kerala Congress committee over post targeting CJI Surya Kant

The Supreme Court of India on Friday (Nov 06) issued a contempt notice to office bearers of the Kerala Pradesh Congress Committee over a social media post targeting Chief Justice of India Surya Kant last month, holding that no political organisation stands above the Constitution.

The matter was heard by a bench of Justices Aravind Kumar and Vipul M Pancholi. "The Constitution is supreme. No individual, no institution or political organisation stands above it," the bench said in its order, according to Bar and Bench. "The independence of the judiciary is not a matter of political convenience. It is a constitutional guarantee owed to the Republic, to the people of this Republic."

The court further observed that any attempt to undermine the authority of the court must be dealt with "an iron hand."

What did the offending post say?

The bench appointed a senior advocate as amicus curiae to examine whether criminal or civil contempt would apply in the matter and sought the assistance of Attorney General R Venkataramani. The court's action follows an Oct 12 post by the KPCC, 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 was made in the context of a remark by the top court during a hearing on a batch of petitions seeking a probe into alleged brutality by Delhi Police during the Cockroach Janta Party protests in the capital.

Backlash and apology

The post drew widespread criticism and was deleted. Both Supreme Court bar bodies, the Supreme Court Bar Association and the Supreme Court Advocates on Record Association, condemned the demand for the CJI's resignation.

The KPCC has maintained that a party worker uploaded the post without the knowledge, consent or approval of the leadership, that the individual was stripped of responsibilities, and that an unconditional apology was tendered. Earlier, responding to a legal notice from a Supreme Court lawyer, KPCC President Sunny Joseph apologised for the post, saying it had been uploaded without authorisation.