New Delhi (Loksatya). The Supreme Court on Monday said that media cannot be prevented from reporting oral comments in courts as they are part of the judicial process and in the public interest, as well as strict comments of the courts should be treated as ‘bitter medicine sips’.
A division bench of Justice DY Chandrachud and Justice MR Shah made this remark during the hearing of the Election Commission’s petition against the recent remarks of the Madras High Court. The court also reserved judgment in the case.
The Madras High Court recently remarked that the commission itself is responsible for the second wave of Corona and that its officers should be prosecuted for murder.
Justice Chandrachud said, “We understand that you are troubled by the charge of murder. If I make my point, I do not make such remarks, but the High Court has a big role in protecting the rights of the people. ”
Justice Shah said that the High Court’s comment should be taken in the same way as the bitter medicine of a doctor is taken. On behalf of the commission, Rakesh Dwivedi argued before the bench, “We conduct elections. The government does not take it into its own hands. If the Chief Minister or the Prime Minister is holding a rally of two lakh people in a remote area, then the Commission cannot shoot at the crowd, nor can it lathi. Seeing it is the work of the Disaster Management Committee. “
At this, Justice Shah asked that the Commission subsequently issued a directive regarding not attending more than 500 rallies, which could have happened earlier. Dwivedi said that this was done later in view of the situation in Bengal. This was not the case in Tamil Nadu. The election was also completed on April 4 there. Justice Shah said, “We understand that you did your work to the fullest. We often make harsh comments so that things can be done in the interest of the people. ”
Justice Chandrachud said that the media cannot be prevented from reporting the oral comments of the court during the hearing. These comments are part of the judicial process and are in the public interest. It is as important as the formal order of the court. The intention of the court is not to harm any institution, if all institutions are strong, then it is good for the health of democracy.
When Dwivedi started pleading further, Justice Chandrachud said, “We have taken note of your points.” We will give a balanced order while maintaining the honor of the High Court. ” With this, the court reserved the verdict.