SC refuses to gag media on HC observations

The Supreme Court on Monday said that media cannot be restrained from reporting oral observations made by judges in the course of hearing of matters as they are also of “public interest”.

A top court bench comprising Justice D.Y. Chandrachud and Justice M.R. Shah said that what judges observe in the course of the hearing of matters is in public interest and the media should be able to report everything to create accountability.

The court’s observation that the media can’t be stopped from reporting oral observation made by judges in the course of the hearing of cases came on an appeal by the Election Commission complaining about the harsh observation by the Madras High court against it in the hearing of a matter.

The Election Commission said that it was “castigated” without any evidence by the Madras High Court on political rallies during the state assembly elections held last month.

Observing that they can’t tell the High Court judges to confine themselves to the pleadings only, the top court today said, “They (High Court judges) are also humans and they are also stressed. Take this in the correct spirit. We don’t want to demoralise our high courts, they are vital pillars of our democracy. Things are often said in an open dialogue between bar and bench.”

The Election Commission was aggrieved over the Madras High Court’s April 26 observation that the EC should be charged with murder for its failure to curb the violation of Covid protocol during election rallies.

The Supreme Court on Monday said that the strong observation by the High Court needs to be taken in the right spirit as they are rooted in for certain lapses during electioneering.

The top court said, “The high court judges are doing tremendous work, burning the midnight oil, they are overburdened. They are seeing what’s happening on the ground during this time of Covid-19. It is bound to affect your psyche.”

Making it clear that not everything said by the High Court can be made a cause of grievance, the court said that often things are said on the basis of past experience or after a series of orders not being complied with. “Sometimes we are harsh because we want to see something done in the larger public interest,” the court said.

The media is an important and powerful watchdog in democracy and it cannot be stopped from reporting discussions in higher courts

— SUPREME COURT