The Supreme Court on Wednesday, October 28, 2026, directed Shiv Sena (UBT) Rajya Sabha MP Sanjay Raut to be physically present before it on November 17 in a criminal contempt case over his remarks about Chief Justice of India Surya Kant and other judges. In the same case, the court recorded an unconditional apology from senior journalist Nikhil Wagle and allowed him to join the next hearing virtually.

The case was filed by the Supreme Court Bar Association (SCBA) and is being heard by a bench of Justices Aravind Kumar and Vipul M Pancholi.

How the Case Began

The dispute goes back to a request by a delegation of opposition leaders, led by Rahul Gandhi, to meet the Chief Justice in person over concerns about the functioning of the Election Commission of India. The CJI declined the meeting. In a letter, he said the issues raised were sub judice and that such a meeting would go against the principle of separation of powers.

After the refusal, Wagle posted on X with an expletive aimed at the CJI. The SCBA's petition accuses Raut of making false and scandalous statements about the CJI and other judges, including claims that judges attend ruling-party events and accept dinner invitations from Chief Ministers. It also says he referred to photographs that had been falsely linked to a private badminton event in London.

Attorney General R Venkataramani gave his consent for criminal contempt proceedings, and on October 16 the Supreme Court issued contempt notices to both Wagle and Raut. While issuing notice, CJI Surya Kant remarked, "People don't understand that they are being trapped."

What Happened in Court on October 28

CaseSupreme Court Bar Association vs Nikhil Wagle and another
BenchJustices Aravind Kumar and Vipul M Pancholi
Notice issuedOctober 16, 2026
HearingOctober 28, 2026
Nikhil WagleUnconditional apology recorded; to appear virtually
Sanjay RautDirected to appear in person
Next hearingNovember 17, 2026, after Diwali vacation

Wagle's unconditional apology

Senior Advocate Indira Jaising, appearing for Wagle, told the bench that her client had deleted the post as soon as he received notice and had tendered an unconditional apology to the court and the CJI. She read out the apology, which began: "I tender my sincere, unconditional and unqualified apology to this Hon'ble Court."

Jaising said Wagle was not trying to justify the post and pointed to his nearly five decades in journalism. She explained that he had not appeared earlier on her advice because the court had exempted him from personal appearance, and offered that he could join online. The bench recorded the apology and directed him to appear virtually at the next hearing, while making it clear that he could be called in person if needed.

Why Raut must appear in person

For Raut, the picture was different. The bench noted that his reply affidavit was not on the court's record and asked the Registry to verify whether it had been filed. It also observed that, according to the Registry's report, no appearance had been entered on his behalf. The court then ordered him to be physically present on November 17.

The Badminton Photos Row

Senior Advocate Rahul Kaushik, appearing for the SCBA, referred to a Delhi High Court order of June 19, 2026, which had restrained the circulation of false claims that judges and political leaders played badminton together at a private event in London in June 2026. The photographs actually came from a November 2025 badminton event in New Delhi, a fact confirmed by both the PIB Fact Check Unit and the Union Law Ministry.

Kaushik also pointed to another post by Wagle about the burning of Albania's Supreme Court, which he argued suggested that a similar fate could befall Indian courts. Justice Kumar asked counsel to deal with Wagle's case separately from Raut's.

Why This Case Matters

The case sits at the meeting point of two sensitive issues: free speech by politicians and journalists, and the dignity of the judiciary. Contempt proceedings against a sitting MP over social media remarks are rare, and the outcome is likely to be watched closely by political parties across the spectrum, especially at a time when the opposition and the Election Commission are locked in a bitter public fight.

The hearing also comes amid a series of opposition protests over the Special Intensive Revision of electoral rolls and the conduct of the Chief Election Commissioner.

What Happens Next

The matter will be taken up on November 17, after the court's Diwali vacation. Raut will have to appear before the bench in person, and the court is expected to look at his reply affidavit once the Registry confirms its status. Wagle will join the hearing online unless the court directs otherwise.

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