Synopsis: Meneesh Dubey sought an explanation for the state party leadership’s failure to issue a public apology to the Chief Justice of India and clarification on whether the person responsible faced any formal reprimand or disciplinary proceedings beyond removal from the post. The notice further called for the preservation of relevant electronic evidence, including account-access logs, internal communications and records relating to the drafting, approval and publication of the post, in accordance with applicable law.
Supreme Court Bar Association (SCBA) Joint Secretary Advocate Meenesh Dubey has issued a legal notice to Kerala Pradesh Congress Committee (KPCC) president Sunny Joseph, seeking an explanation for the lack of a public apology and explicit disciplinary action over a controversial social media post targeting Chief Justice of India Surya Kant.
The post, published on 12 October through the verified X account of Congress Kerala (@INCKerala), 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The post was withdrawn after it sparked controversy.
The controversial, now-deleted post came after Chief Justice Surya Kant, responding to the restrictions in Delhi following the anti-SIR protests, said it was a matter of law and order and outside his domain.
In the notice, Dubey questioned the party’s response to the incident, arguing that the statement raised serious concerns about the judiciary’s dignity and independence.
He sought a detailed written reply from Joseph within seven days of receiving the notice.
The notice cited the Congress national leadership’s reported disapproval of the post, with a party spokesperson saying the party disagreed with the views expressed and had faith in the judiciary.
It also cited Joseph’s reported explanation that the tweet was published without the state leadership’s knowledge or approval and that the person responsible had been removed from the role.
Dubey maintained that disowning the post and removing the account handler did not, by themselves, settle questions of responsibility and accountability.
The KPCC president has been asked to identify who drafted and published the tweet and to disclose who authorised or approved its release.
Dubey has also sought an explanation for the state party leadership’s failure to issue a public apology to the Chief Justice of India and clarification on whether the person responsible faced any formal reprimand or disciplinary proceedings beyond removal from the post.
The notice further called for the preservation of relevant electronic evidence, including account-access logs, internal communications and records relating to the drafting, approval and publication of the post, in accordance with applicable law.
While acknowledging political expression as a fundamental aspect of democratic life, Dubey has stressed that political parties and their office-bearers must exercise due care when communicating through official channels, particularly when their statements concern constitutional institutions. He also noted that any question of legal liability must be assessed on the facts and applicable law.
Joseph has been asked to clarify his position on the demand for a public apology, an express reprimand, and any further action he considers appropriate in the matter.