Supreme Court issues notice to Kerala Congress over remarks on CJI

The Supreme Court on Friday issued a significant notice to the office bearers of the Kerala Pradesh Congress Committee (KPCC). This notice follows a controversial post made on social media against the Chief Justice of India (CJI) Surya Kant. A bench comprising Justice Arvind Kumar and Justice Vipul M. Pancholi heard the matter and has sought a response from the Congress office bearers as to why contempt proceedings should not be initiated against them.

The entire controversy began on October 12, 2026, when a post addressing CJI Surya Kant was uploaded from the official X handle of the Kerala Congress. The post stated, "Dear Surya Kant, if law and order is not your subject, resign right now. We will find someone in your place who can handle it." This post was in reference to remarks made by the CJI during the hearing of petitions seeking an investigation into actions taken by the Delhi Police during protests by the Cockroach Janata Party (CJP).

The Supreme Court has taken this matter extremely seriously. The bench stated in clear terms that the Constitution is supreme and no individual, institution, or political party is above the Constitution. The Court emphasised that the independence of the judiciary is not a matter of political convenience, but a constitutional guarantee to the Republic and its people. The judges remarked that while judicial decisions can be criticised, the freedom of expression cannot be used to intimidate the judiciary or interfere with the judicial process.

The Court warned that any attempt to undermine the authority of the judiciary would be crushed with an 'iron fist'. The bench further added that the strength of the Court lies in the rule of law, not in political support. Judicial restraint should never be mistaken for institutional weakness. Details of this Supreme Court order have been provided in reports by News18 and Hindustan Times.

During the hearing, the counsel for the Kerala Congress informed the Court that the controversial post was made by a worker without the knowledge or consent of the party office bearers. The counsel argued that as soon as the matter came to the attention of the leadership, the post was deleted and an unconditional apology was tendered. The party also claimed that the individual who made the post has been relieved of their responsibilities. Sunny Joseph, President of the Kerala Congress, has also expressed regret over the matter.

However, Justice Arvind Kumar adopted a strict stance, remarking that the Court would examine whether the apology was heartfelt or merely on paper. The Supreme Court has appointed a senior advocate as 'Amicus Curiae' (friend of the court) to investigate whether criminal or civil contempt applies in this case. Additionally, the Court has sought the assistance of Attorney General R. Venkataramani.

Following this controversy, the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCOARA) also strongly criticised the demand for the CJI's resignation. This matter was taken up based on a writ petition filed by Advocate Vineet Jindal, seeking suo motu proceedings.

The Supreme Court is the highest judicial body of India, established under the Indian Constitution. It is the country's largest court and plays the role of the guardian of the Constitution. In the past, the Court has taken several stern decisions to maintain the dignity of the judiciary. Maintaining the independence of the judiciary has been the primary responsibility of the Supreme Court, which is fundamental to democracy.