SC issues contempt notice to Congress Kerala unit over post targeting CJI Surya Kant

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SC issues contempt notice to Congress Kerala unit over post targeting CJI Surya Kant

Synopsis

The Supreme Court has served a contempt notice on Congress Kerala unit office-bearers for a now-deleted X post demanding CJI Surya Kant's resignation — marking the second high-profile contempt action against Opposition figures over remarks targeting the Chief Justice within weeks, raising sharp questions about the boundaries of political criticism of the judiciary.

Key Takeaways

The Supreme Court issued a contempt notice to Congress Kerala unit office-bearers on 6 November 2026 over a deleted post on X targeting CJI Surya Kant .
A bench of Justices Aravind Kumar and Vipul M.
Pancholi invoked Article 129 of the Constitution in issuing the notice.
Congress counsel tendered an unconditional apology , stating the post was uploaded without party office-bearers' knowledge or consent.
The matter is listed for further hearing on 15 December ; the court has recorded the undertaking to file a formal apology.
Advocate Vineet Jindal had filed the original complaint on 13 October , also citing an Opposition protest march inside Supreme Court premises.
A parallel contempt case against Sanjay Raut and journalist Nikhil Wagle over separate alleged remarks against the CJI continues on 17 November .

The Supreme Court on Friday, 6 November 2026, issued a contempt of court notice to office-bearers of the Congress Kerala unit over a now-deleted social media post targeting Chief Justice of India (CJI) Surya Kant, directing them to show cause why contempt proceedings should not be initiated against them. The notice was issued under Article 129 of the Constitution, which empowers the apex court to punish for contempt of itself.

What the Court Said

A bench of Justices Aravind Kumar and Vipul M. Pancholi observed that it found it appropriate to examine whether the allegations and material placed before it warranted scrutiny under Article 129. 'Having regard to the nature of allegations, we consider it appropriate to examine whether the material warrants examination by this Court under Article 129 of the Constitution,' the bench noted. The court also requested the Attorney General to assist it in the matter. The next date of hearing has been set for 15 December.

The Post That Triggered the Notice

The Congress Kerala unit had posted on X (formerly Twitter): '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 subsequently deleted on the same day it was published. The proceedings were initiated following a complaint-cum-representation filed by advocate Vineet Jindal, who had approached the CJI on 13 October seeking suo motu criminal contempt action. Jindal urged the court to examine whether the publication crossed the limits of permissible political criticism under Section 2(c) of the Contempt of Courts Act, 1971.

Congress Tenders Unconditional Apology

During the hearing, counsel appearing for the state Congress unit submitted that the controversial post had been uploaded without the knowledge or consent of the party's office-bearers and should not have been published. 'Unconditionally we are tendering an apology. Next day, a press release was also issued,' the counsel submitted. The Supreme Court recorded the counsel's undertaking to file a formal apology and listed the matter for further hearing on 15 December.

Broader Pattern of Contempt Actions Against Opposition Figures

This development comes amid a separate criminal contempt matter involving Shiv Sena (UBT) Rajya Sabha member Sanjay Raut and senior journalist Nikhil Wagle over their alleged remarks against CJI Surya Kant. On 28 October, the Supreme Court directed Raut to appear physically before it on 17 November, while permitting Wagle to appear virtually. Those proceedings were initiated on a petition by the Supreme Court Bar Association (SCBA) after Raut reportedly claimed during a media interaction that he had seen 60 to 70 judges, including the CJI, playing badminton with Bharatiya Janata Party (BJP) leaders in London. Notably, Jindal's representation also referenced an Opposition protest march and slogan-shouting inside the Supreme Court premises during the filing of a petition by Leader of Opposition Rahul Gandhi and other INDIA bloc leaders, raising questions about whether security restrictions were violated or the functioning of the top court obstructed.

What Happens Next

The Congress Kerala unit's office-bearers are expected to file a formal written apology before the next date of hearing on 15 December. The court is yet to determine whether the apology and explanation offered will be sufficient to drop the contempt proceedings, or whether the matter will proceed to a formal examination under Article 129. The parallel contempt case against Raut and Wagle continues on 17 November, making the coming weeks significant for the boundaries of permissible criticism of the judiciary in India.

Frequently Asked Questions

Why did the Supreme Court issue a contempt notice to the Congress Kerala unit?
The Supreme Court issued a contempt notice to Congress Kerala unit office-bearers over a now-deleted post on X that targeted Chief Justice of India Surya Kant, telling him to 'resign now' if law and order was not his domain. The court is examining whether the post crossed permissible limits of criticism under Article 129 of the Constitution and Section 2(c) of the Contempt of Courts Act, 1971.
What was the exact post that triggered the contempt proceedings?
The Congress Kerala unit posted on X: '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 deleted on the same day it was published.
What has the Congress said in response to the notice?
Congress counsel submitted before the Supreme Court that the post was uploaded without the knowledge or consent of the party's office-bearers and should not have been published. The counsel tendered an unconditional apology and confirmed a press release was issued the following day; the court has recorded an undertaking to file a formal written apology.
What is the next step in the contempt case against Congress Kerala?
The Supreme Court has listed the matter for further hearing on 15 December 2026. The court will assess whether the formal apology filed by the Congress Kerala office-bearers is adequate to close the matter or whether full contempt proceedings under Article 129 should proceed.
Is this the only contempt case currently against Opposition figures over remarks about CJI Surya Kant?
No. A separate criminal contempt case is ongoing against Shiv Sena (UBT) Rajya Sabha member Sanjay Raut and journalist Nikhil Wagle over alleged remarks against CJI Surya Kant. Raut has been directed to appear physically before the court on 17 November 2026; Wagle may appear virtually.
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