Supreme Court: Critical remarks of Madras HC against Election Commission cannot be expunged

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Lekha G

The Supreme Court on Thursday by a Bench led by Justice DY Chandrachud declined a plea made by Election Commission of India (ECI) to restrain the media from reporting oral remarks made by a Division Bench of the Madras High Court.

The High Court Judges had said that the Poll Commission Officials should be charged with “murder” for allowing rallies and mass gatherings during the elections and were hence solely responsible for the Covid surge.

The Chief Election Commissioner had appealed to the Supreme Court against the Madras High Court’s observation.

The Bench acknowledged that the High Court’s remarks were harsh but it may have been a manifestation of anguish at the increasing number of Covid cases.

It was further observed that, “A degree of caution and circumspection would have allayed the problems in the present case. All said and done, this is in the past and does not constitute a part of the record”.

The Court said that except in cases of child sexual abuse and marital issues, free press must be extended to Court proceedings.

Justice Chandrachud observed, “This is a celebration of our constitutional ethos which bolsters the judiciary…We cannot gag the reporting of proceedings…The manner in which judicial proceedings are conducted are unique to every court. They allow the lawyers to develop arguments with creativity and judges to play the devil’s advocate”.

Further, the Court said oral observations made during the course of the hearing does not bind the parties and do not form a part of the judgment.

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