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The Supreme Court Bench of Justices DY Chandrachud & MR Shah while dismissing the appeal against the Madras High Court observations as well as remarks which stated that Election Commission of India was singularly responsible for sugre in CoVID cases & that officers of ECI should be booked for “murder charges” has emphasied on the accountability of judiciary & observed that the oral remarks were not a part of the judicial record & therefore the issue of expunging them did not arise. The Court observed that there was no substance in the prayer made by ECI to restrain media from reporting Court proceedings.

“The High Court was faced with a situation of the rising case of COVID 19 pandemic. The remarks, harsh and metaphor, inappropriate. However it did not seek culpability upon the ECI but followed stricter COVID 19 protocols. The method of the HC was harsh, inappropriate, but it did not direct culpability. But it should have ensured compliance of orders. The language both by the Bench and in judgement should be sensitive to Constitutional values.”, Justice Chandrachud remarked.

The Court observed that Freedom of speech & expression extends to judicial matters as well & that Court’s work has direct impact on citizens as well as the Executive whose duty is to implement orders.

“It would do us no good to prevent new forms of media to report our work. High Courts are constantly in touch with ground realities and during the pandemic they have done great work and have experienced anguish over the state of affairs. Then we have EC, whose independence is important for democracy to thrive.", the Bench further said. 

While citing the Sedition case of Lokmanya Tilak & the virtual proceedings of Gujarat High Court, the Bench remarked that, “"Several courts across the world enable live streaming of its proceedings."

"Many times judges behave as a Devil's Advocate to solicit arguments from the Counsel.", the Court also said.

Sr Advocate Rakesh Dwivedi appeared for the Election Commission of India had submitted that the ECI was captivated without taking into consideration any pleading, any evidence of CoVID & without gathering any information from the political leaders holding the rally or taking into account the provisions of the National Disaster Management Act. 

Justice DY Chandrachud while reserving the matter for order had ensured that the same would be a Balanced one. He further said that the Bench cannot stop the judges of High Court to confine themselves to pleadings. 

“The judges are overwhelmed. In the CoVID times, they are seeing what's happening around & they are working on ground.”, said Justice DY Chandrachud

Justice DY Chandrachud had also said that, “We will have to maintain the sanctity of judicial order, we will have to also give liberty to the Chief Justice of HC, we also feel that the media should include everything that has been observed in the court.”. 

Case Title: The Chief Election Commissioner of India v. MR Vijayabhaskar & Ors

Also Read: “Discussions In Court Lie At Same Pedestal As Judicial Orders; Media Cannot Be Stopped From Reporting”: Supreme Court