Treat HC remarks as a 'bitter pill': SC to EC

The Supreme Court on Monday asked the Election Commission to take the Madras High Court’s recent comment — on slapping murder charges against its officials for failing to ensure adherence to Covid protocols during the poll process in Tamil Nadu — in the right spirit and as a bitter pill.

The top court said reporting by the media on the judicial process in courts brought about accountability among judges and fostered citizens’ confidence.

“We cannot expect the media not to report dialogues. Oral observations are as important as judicial orders. The unfolding process of judicial thinking is equally of interest to the public,” a bench of Justices D Y Chandrachud and M R Shah said.

The court, however, said that the comment was quite strong but must have been made out of anguish and frustration. It reserved the order on a petition by the poll panel against the oral comments by the high court.

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The bench assured the EC that the top court would try to balance the situation but it cannot ask the high court judges not to make comments beyond the pleadings. Sometimes, judges say certain things in larger public interest, the court said.

“The observations by the judges are momentary while what leaves its footprints on the sands of time is the written order,” the bench said.

The court termed as far-fetched a contention made by senior advocate Rakesh Dwivedi, on behalf of the Election Commission, that the media should not report the oral observations which did not form part of the final order.

The poll panel faced a lot of flak for failing to limit huge gatherings in public rallies in Assam, Kerala, Tamil Nadu and West Bengal and the Union Territory of Puducherry during the second wave of Covid-19.