Supreme Court Bar Association (SCBA) Joint Secretary and advocate Meenesh Dubey has issued a legal notice to Kerala Pradesh Congress Committee (KPCC) president Sunny Joseph over a controversial social media post targeting Chief Justice of India Surya Kant. Dubey has sought an explanation for the absence of an express public apology to the Chief Justice and details of any formal reprimand or disciplinary action against the person responsible for publishing the post.
The notice concerns a message posted on October 12 by the Congress Kerala unit's official, verified X account, @INCKerala. The post 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 subsequently deleted after triggering controversy.
Notice seeks accountability and written response
Dubey has described the post as raising serious concerns about the dignity and independence of the judiciary. He has asked Joseph to provide a comprehensive written response within seven days of receiving the notice.
The notice refers to reports that the Congress's national leadership distanced itself from the message. A party spokesperson reportedly said the party disagreed with the position expressed in the tweet and had faith in the judiciary.
It also cites Joseph's reported explanation that the post was published without the knowledge, consent or consultation of the state leadership. The person responsible was subsequently removed from the position of managing the account.
Dubey has argued that these steps alone do not resolve questions of accountability for a statement issued through the party's official social media account.
Questions over authorship and disciplinary action
The notice seeks the identity and designation of the person who drafted and published the tweet, along with details of the individual or individuals who approved or authorised its publication.
Dubey has also asked Joseph to explain why he has not issued an express public apology to the Chief Justice in his capacity as state Congress president. He has sought clarification on whether the person responsible faced any formal reprimand or disciplinary proceedings beyond being removed from the role of managing the account.
The notice further calls for the preservation of all relevant electronic records, account-access logs, communications and approval records connected with the preparation and publication of the post, subject to applicable law.
Legal action, including criminal contempt, remains an option
Acknowledging that freedom of political expression is an essential democratic right, the notice states that political parties and their office-bearers must exercise due care and show respect for constitutional institutions when issuing official communications.
It also clarifies that any legal liability arising from the post would have to be determined on the basis of the facts and applicable law.
Dubey has warned that he may approach the appropriate forum if Joseph's response is unsatisfactory. He has reserved the right to pursue all remedies available under the law, including initiating criminal contempt proceedings.