The Supreme Court on Friday issued a contempt notice to office-bearers of the Kerala Pradesh Congress Committee (KPCC) over a social media post on the party's official X handle calling for Chief Justice of India (CJI) Surya Kant to resign.

A Bench of Justices Aravind Kumar and Vipul M Pancholi asked the KPCC office-bearers to show cause why contempt proceedings should not be initiated against them.

"Having regard to the nature of the allegations, we consider it appropriate to examine whether the material warrants examination by this Court under Article 129 of the Constitution," the Bench said.

The Court indicated that it would appoint senior advocates Arvind Datar and Gaurav Agarwal as amici curiae to assist it in examining whether criminal or civil contempt proceedings should be initiated. It also requested the Attorney General to assist the Court.

The Bench was informed that counsel appearing for the Kerala Congress had undertaken to file an unconditional apology for the social media post.

The Court emphasised that no individual or political organisation is above the Constitution and that judicial independence cannot be subject to political convenience.

"Judgments are always open to criticism, however severe. But freedom of expression cannot become a shield for intimidation or interference with the administration of justice. Howsoever high a position a person may occupy, that person cannot be allowed to pollute the stream of justice," the Bench observed.

It further cautioned that judicial restraint should not be mistaken for institutional weakness and that attempts to undermine the authority of the Court must be dealt with firmly.

"The authority of this Court requires neither political endorsement nor approval. It rests upon the Constitution and the rule of law," the Bench said.

The Court added that once interference with the administration of justice is established, the law must take its course, irrespective of the identity or influence of those responsible.

The controversial post was published on the official X handle of Congress Kerala on October 12. It stated:

"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.

The Supreme Court registered a writ petition in the matter after advocate Vineet Jindal wrote to the CJI on October 13, seeking intervention.

In his letter, Jindal argued that the office of the CJI could not be treated as one whose continuance depended on the approval or displeasure of a political organisation. He also questioned whether the post fell within the limits of permissible political criticism or attracted the law on criminal contempt of court.

The development comes days after the KPCC tendered an unconditional apology to the CJI. In a reply dated October 22 to a legal notice issued by Supreme Court Bar Association Joint Secretary Meenesh Dubey, KPCC President Sunny Joseph stated that the post had been published by party worker Vijay Thottathil without the knowledge, consent or consultation of the party leadership. He also said that Thottathil had been removed from his position.

During Friday's hearing, counsel for the Congress submitted that the post had been uploaded without the approval or consent of the office-bearers.

"Unconditionally we are tendering an apology. The next day, a press release was also issued," the counsel said.

He further admitted that the post should not have been uploaded and pointed out that it was deleted on the same day.

"It should not have been done, no doubt about it," the counsel submitted.

The Bench, however, cautioned that the damage caused by such statements could have wider implications.

"Once the damage is caused… tomorrow it could happen to every profession, every institution. We operate within the four corners of the Constitution," the Court observed.

The matter will now be heard on December 15.