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, seeking an explanation for the absence of a public apology and an express reprimand over a controversial post targeting Chief Justice of India Surya Kant from the official X account of the Kerala Congress unit.

The legal notice refers to a post published on October 12 from the official and verified X account of Congress Kerala (@INCKerala), which stated: “Dear Surya Kant, If law and order is not your domain, resign now. We will find your replacement who can handle it.” After the post became controversial, it was deleted.

Describing the post as raising serious concerns about the dignity and independence of the judiciary, Dubey has asked Joseph to furnish a comprehensive written response within seven days of receiving the notice.

The notice refers to reports that the Congress's national leadership had distanced itself from the post, with a party spokesperson stating that the party disagreed with the position expressed in the tweet and had faith in the judiciary.

It also refers to Joseph's reported statement that the post had been published without the knowledge, consent or consultation of the state leadership and that the person responsible had been removed from the position. The notice states that these steps do not, by themselves, address questions of accountability over a statement published through the party's official account.

Dubey has sought details about the identity and designation of the person who authored and published the tweet, as well as the person or persons who approved or authorised its publication.

He has also asked Joseph to explain why no express public apology to the CJI had been issued by him as state president, and whether the person responsible had been formally reprimanded or subjected to disciplinary proceedings beyond being removed from the charge of managing the account.

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

The notice acknowledges that freedom of political expression is an essential democratic right, but states that political parties and their office-bearers also have a responsibility to ensure that official communications are made with due care and respect for constitutional institutions. It adds that any legal liability must be determined in accordance with the facts and applicable law.

Warning that he may approach the appropriate forum if the response is not satisfactory, Dubey has reserved his right to pursue remedies available in law, including initiating criminal contempt proceedings.