New Delhi: Supreme Court Bar Association (SCBA) Joint Secretary and advocate Meenesh Dubey has sent a legal notice to Kerala Pradesh Congress Committee (KPCC) president Sunny Joseph over a controversial post targeting Chief Justice of India (CJI) Surya Kant from the Kerala Congress unit's official X account.

The notice seeks a written explanation within seven days of receipt, questioning why Joseph has not issued an explicit public apology to the CJI and whether disciplinary action was taken against the person responsible for publishing the post. Dubey has also reserved the right to pursue legal remedies, including initiating criminal contempt proceedings, if the response is unsatisfactory.

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The controversy concerns a post published on October 12 by the verified X account of Congress Kerala (@INCKerala). Addressing the CJI, the post 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 following criticism.
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What does the legal notice seek?

Dubey has sought details about the identity and designation of the person who drafted and published the message, as well as those who approved or authorised its publication.

The notice questions whether removing the person responsible from the role of managing the party's social media account was sufficient, or whether a formal reprimand or further disciplinary proceedings followed.

It also asks Joseph to explain why he has not issued a direct public apology to the CJI in his capacity as the state Congress president.

According to the notice, deleting the post and distancing the party leadership from its contents do not, by themselves, settle questions of accountability for a statement published through an official political party account.

Dubey has also called for the preservation of relevant electronic records, including account-access logs, internal communications and approval records relating to the preparation and publication of the post, subject to applicable law.

What has the Congress leadership said?

Following the backlash, Joseph said the post had been published without the knowledge, consent or consultation of the KPCC leadership. He also said the person responsible had been removed from the position and that the state unit would examine the circumstances surrounding the publication.

The Congress's national leadership also distanced itself from the message. Party spokesperson Pawan Khera said the party disagreed with the position expressed in the post and had faith in the judiciary.
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Why did the post targeting CJI Surya Kant spark controversy?

The post followed remarks attributed to CJI Surya Kant concerning protests against Chief Election Commissioner Gyanesh Kumar in Delhi. The Chief Justice had reportedly observed that the situation involved a law-and-order issue.

The Kerala Congress unit's response, calling on the CJI to resign, drew criticism from legal bodies concerned about public statements directed at the head of the judiciary.

The SCBA and the Supreme Court Advocates-on-Record Association had separately criticised calls for the CJI's resignation, expressing concern that such statements could undermine the dignity of the judicial office and public confidence in the judiciary.

The legal notice acknowledges that political expression is an essential democratic right but argues that political parties and their office-bearers must exercise due care when communicating through official channels, particularly on matters involving constitutional institutions.