The Supreme Court on Friday issued a contempt of court notice to office-bearers of the Kerala unit of the Congress party over a tweet calling for Chief Justice of India (CJI) Surya Kant's resignation.

A Bench of Justices Aravind Kumar and Vipul M Pancholi asked the office bearers of the Kerala Pradesh Congress Committee to show cause as to why contempt proceedings should not be initiated against them.

"Having nature 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 Court said.

The Court indicated that it will appoint senior counsel Arvind Datar and Gaurav Agarwal as amici curiae to assist the Court in considering whether criminal contempt or civil contempt requires to be initiated in the matter. It also urged the Attorney General to assist the Court.

The Court also noted that counsel representing the Kerala Congress has undertaken to file an apology for uploading the social media post.

The Court observed that no individual or political organization is above the Constitution and that the independence of the judiciary is not a matter of political convenience.

"Judgements 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 position a person may occupy, that person cannot be allowed to pollute the stream of justice," the bench said.

It added that judicial restraint must never be mistaken for institutional weakness, warning that any attempt to undermine the authority of the court is required to be dealt with an iron hand.

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

The Court further said that where interference with the administration of justice is established, the law must take its course irrespective of the identity of the influence of the person of those who are responsible.

The controversial post against the CJI appeared on the official X handle of Congress Kerala on October 12. It 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 deleted soon after.

The Court has registered a writ petition in this regard following a letter written to the CJI by advocate Vineet Jindal on October 13.

In his letter, Jindal said the office of the CJI "cannot be treated as one whose continuance is subject to the approval or displeasure of any political organisation."

The post, he said, raised questions as to whether it remains within the bounds of permissible political criticism or warrants consideration under the law relating to 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 sent by Supreme Court Bar Association Joint Secretary Meenesh Dubey, KPCC President Sunny Joseph said the post was published by party worker Vijay Thottathil without the leadership's knowledge, consent or consultation. Thottathil has since been removed from his position, it was stated.

Counsel representing the Congress today told the Court that the post was uploaded without approval or consent from the office bearers.

"Unconditionally we are tendering an apology. Next day a press release was also issued," he added.

The counsel added that the post should not have been uploaded, and was removed the same day.

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

At this, the Court said,

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

The matter will be heard next on December 15.