'Judicial Independence Not Political Convenience': Supreme Court Issues Notice To Kerala Congress Over Post Targeting CJI

· Free Press Journal

The Supreme Court has issued a show-cause notice to the president and all office-bearers of the Kerala Pradesh Congress Committee (KPCC), asking why criminal or civil contempt proceedings should not be initiated against them over a controversial post published on the party's official X account targeting Chief Justice of India (CJI) Surya Kant.

Taking a stern view of the matter, the court said judicial independence could not be compromised for political convenience and that freedom of expression could not be used to intimidate the judiciary.

"Independence of the judiciary is not a matter of political convenience. The judgments of this Court are always open to criticism. However, freedom of expression cannot become a shield for intimidating the institution of justice, however powerful the person or organisation may be," the bench observed.

Court stresses constitutional supremacy

The court further emphasised that the Constitution was supreme and no institution or political party could claim to be above it. It warned that any attempt to undermine its authority must be dealt with an iron hand.

The bench also stressed that the law must take its course irrespective of the identity or influence of those responsible for the publication.

Expressing concern over the broader implications of allowing such remarks to go unchecked, the court said that if such conduct was permitted, other institutions could also face similar attacks.

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"Once the damage is caused, tomorrow it may happen to every institution. We operate within the four corners of the Constitution," the bench said.

Controversy over Kerala Congress post

The controversy dates back to October 12, when the official X account of the Kerala Congress published a post targeting CJI Surya Kant. The post came amid a protest by INDIA bloc leaders seeking the resignation of Chief Election Commissioner Gyanesh Kumar. It was reportedly triggered by the CJI's remarks that maintaining law and order was not within the judiciary's domain. The post directly addressed the CJI, saying, "If law and order is not your domain, resign now. We will find your replacement who can handle it."

KPCC apologises after deleting post

The post triggered widespread criticism from members of the legal fraternity and political leaders before it was deleted. KPCC president Sunny Joseph subsequently said the message was published without the knowledge or approval of the party leadership. The committee identified the person responsible, removed him from the position and tendered an unconditional apology to the CJI. However, a complaint seeking contempt proceedings was subsequently brought before the Supreme Court.

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