New Delhi, Oct. 13: A petition has been filed in the Supreme Court seeking criminal contempt proceedings against the Congress and other political leaders over social media posts targeting Chief Justice of India Surya Kant, along with the framing of guidelines restraining political parties from publicly pressuring judges over pending cases.
The plea has been filed by advocates Digant Mishra, Divyansh Bisht, Ashish Gopal Garg and Shweta Garg.
The respondents include the Central government, Congress Party, Leader of Opposition in the Lok Sabha Rahul Gandhi, Leader of Opposition in the Rajya Sabha Mallikarjun Kharge, Kerala Pradesh Congress Committee, Trinamool Congress MP Mahua Moitra and Samajwadi Party President Akhilesh Yadav.
The petition refers to an October 12 post by the Kerala Congress unit which said: “Dear Surya Kant, If law and order is not your domain, resign now. We will find your replacement who can handle it.”
It contends that the post sought to put pressure on a sitting Chief Justice who had declined to discuss sub judice matters outside the courtroom. The petition also refers to a post by Moitra the same evening stating: “Surya clearly Can’t. So we will.”
According to the plea, Articles 121 and 124(4) provide the constitutional framework governing the removal of judges and political campaigns cannot be used to overawe or compel a judge in relation to pending proceedings.
The petition further argues that any suggestion by a political party that it could “find” a replacement for the CJI is contrary to the constitutional process for judicial appointments.
It has also relied on resolutions passed by the Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association condemning calls for the CJI’s resignation.
Besides contempt action, the petition seeks broader safeguards against political campaigns directed at judges or the Chief Justice in relation to matters pending before courts.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
