Supreme Court declines to expunge harsh remarks of Madras High Court against ECI

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The Supreme Court acknowledged the remarks of Madras High Court holding the Election Commission of India(ECI) responsible for the surge in COVID cases in the country were ‘harsh and inappropriate’, but refused to expunge them as it does not fall in the ambit of the judicial order.

The Bench compromising Justices D Y Chandrachud and M R Shah observed, “High court observations do not form part of judicial records and hence there is no necessity to dwell further on the caustic observations made by Madras HC.”

Madras High Court judges passed oral remarks that Poll Commission officials should be charged with ‘murder’ for allowing rallies and mass gatherings during the Tamil Nadu Assembly election, stated that the ECI was solely to blame for the COVID-19 surge.

The Court also declined the plea of ECI to restrain media from reporting observations of judicial proceedings and said “Courts have to remain alive to evolving technology of media, it is not good, if it is restrained from reporting judicial proceedings.”

The Election Commission in its petition had claimed the oral comments by the Madras High Court would impact or lower the faith of the masses in the Commission and democratic process.

The Election Commission had said the Madras High Court’s comment was ‘Uncalled for, blatantly disparaging and derogatory’.

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