Published Nov 06, 2026 | 10:09 PM ⚊ Updated Nov 06, 2026 | 10:09 PM
Supreme Court
Synopsis: The notice was issued over a 12 October post that urged the Chief Justice to resign if law and order were not his domain. KPCC took down the post from its handle and apologised. It also ousted Vijay Thottathil, who allegedly made the post, from its social media team.
The Supreme Court on Friday, 6 November, issued a show-cause notice to office-bearers of the Kerala Pradesh Congress Committee (KPCC) over a social media post calling for the resignation of Chief Justice of India (CJI) Surya Kant.
A Bench comprising Justices Aravind Kumar and Vipul M Pancholi sought an explanation as to why it should not initiate contempt proceedings over the post.
Invoking its powers under Article 129 of the Constitution, the court said it would examine whether the content amounted to criminal or civil contempt.
Strongly emphasising the need to protect the judiciary’s institutional authority, the Bench observed that judicial decisions could be criticised. Still, freedom of expression could not be used to intimidate judges or interfere with the administration of justice.
The court warned that judicial restraint should not be interpreted as institutional weakness and said attempts to undermine its authority would be dealt with firmly, irrespective of the position or influence of those responsible.
The Bench proposed appointing senior advocates Arvind Datar and Gaurav Agarwal as amicus curiae to assist it in examining the matter and also sought the assistance of the Attorney General.
Meanwhile, counsel for the KPCC informed the court that it would file an apology for the social media post.
The court made it clear that the judiciary’s authority derives from the Constitution and the rule of law, not from political endorsement or approval.
The matter has been posted for further hearing on 15 December.
The KPCC had earlier tendered an unconditional apology to Chief Justice Surya Kant over the unauthorised post on its official X account.
In its reply to a legal notice from Supreme Court lawyer Meneesh Dubey, KPCC president Sunny Joseph said Vijay Thottathil published the post without the leadership’s approval.
Thottathil was removed from his position and asked to issue a public apology.
The KPCC disapproved of the post, which demanded the CJI’s resignation and suggested a replacement, saying it did not reflect the party’s official position. It also pledged to investigate the incident, review account access and approval procedures, preserve relevant records and strengthen oversight to prevent a recurrence.
The party reiterated its respect for the Constitution and judicial independence, while distinguishing legitimate criticism of judicial decisions from inappropriate public remarks.
The post responded to the CJI’s reported observation that law and order was not his domain, amid stringent security restrictions imposed by Delhi Police during protests in the national capital demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
The post, published on 12 October, read: “Dear Surya Kant, if law and order is not your domain, resign now. We will find your replacement who can handle it.”
(Edited by Majnu Babu).
