Madras High Court's remark to file murder case against Election Commission was harsh: Supreme Court




(PTI) New Delhi, Ta. 6
The Election Commission had moved the Supreme Court against the remarks made by the Madras High Court. During the hearing, the apex court had said that it was true that the Madras High Court's remarks were harsh, but as it was not part of the judgment, it could not be ordered to be removed. Similarly the demand to stop media coverage cannot be accepted.
The Madras High Court, while holding a hearing in the case of Corona, remarked that the elections held in five states were responsible for the second wave of Corona and that a case should be filed against the Election Commission officials responsible for it. The Madras High Court said the Election Commission is an independent agency. He has power. Yet using power did not stop the leaders ’rallies. Also, Corona's guideline was not followed. The Election Commission is responsible for that.
The Election Commission had filed an application in the Supreme Court against the Madras High Court in protest of the remark. During the hearing of the petition, the apex court said that the statement of the Madrasa High Court was not part of the judgment and therefore it could not be ordered to be quashed. The apex court held that the Madras High Court's remarks were harshly accurate. Judges should avoid making unnecessary observations. It is inappropriate to make such an inappropriate comment. But the remarks that the Election Commission has objected to are not part of the ruling.
The Election Commission demanded that media coverage of the comments be stopped. In this regard, the Supreme Court said that citizens have the right to know what the court has said. At such times the role of the media becomes important. The court's demand to stop media coverage is not appropriate at all. If the media stops reporting, it is no good.
The Supreme Court held that there was a need for a balance between the two constitutional bodies. Just as important is the freedom of the media. Live streaming takes place in many courts of the world and its broadcast is arranged for people to watch. Citizens are then made aware of court decisions and judges' observations. If an opinion is presented at that time, it cannot be stopped. Giving an opinion during a hearing by a judicial bench is a very important part of the court process. It has nothing to do with judgment.
The Supreme Court made a significant comment, adding that the media has the right to comment and write in the context of court proceedings. The petition of the Election Commission was disposed of after persuasion of the Supreme Court.

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