Media Watchdog Of Sanctity Of Judicial Process; Reporting Of Hearing Builds Public Confidence : Supreme Court [Full Court Room Exchange In ECI Case]

The Supreme Court on Monday heard Election Commission of India's plea against the oral remarks made by Madras High Court that the ECI was "singularly responsible for COVID second wave" and that its officers "should probably be booked for murder".During the hearing, the Court said that it cannot stop media from reporting oral observations made by judges as discussions in a court hearing are of interest and concern for the public. The Court observed that media was the "watchdog" of the sanctity of judicial process."We cannot direct that the media cannot report the contents of the discussion in court and only report the order. This is because the discussion in a court of law is equally in public interest. Particularly, when we are dealing with the superior courts like the High Courts, I place this discussion at the same pedestal as the final order"."....media is of course the watchdog of the sanctity of this process! It is the reporting of this process which gives confidence to the public, and not just the judgments. It is this process which discloses to the public that there has been an application of the mind to assuage the concerns of the citizens, that there are questions asked and answers given . It was too far-fetched on the part of the ECI to pray that such reporting may be curtailed", the bench observed during the hearing.The following is the courtroom exchange as transpired before Justices D. Y. Chandrachud and M. R. Shah."Without any pleadings, without any opportunity to us to respond with evidence as to what we did, who has the responsibility under the Disaster Management Act to implement the guidelines, which political leaders are holding authority, allegations have been made against us! We are not the disaster management authority but we have been castigated!", began senior advocate Rakesh Dwivedi, for the Election Commission of India."What are your functions and duties?", asked Justice Shah."There are officers in charge of different ministries who have the responsibility (of implementing ECI guidelines)! We were not even given one chance and we were castigated in a writ petition where the relief sought pertained to counting in 1 constituency which has some 77 candidates. And this was after the election and the polling were over on April 4!", argued Mr. Dwivedi."Let's place things in perspective. The writ petition was with respect to counting in the district of Karur which has a large number of candidates. The High Court had first issued directions as regards the steps to be taken by the Election Commission in Karur, social distancing etc. You came back and said that the same have been followed. The matter was disposed of on 30th April, considering that the purpose of the petition had been resolved. Now there are only two things left- your IAs with the prayers that media should only report the contents of the order and not the oral observations during the hearing and that there may be no registration of complaints based on any news reports or such oral observations", observed Justice Chandrachud."Interestingly, there is no challenge to the April 26 order (where the High Court remarked that the Election Commission is Singularly Responsible For COVID Second Wave and that its Officers Should Probably Be Booked For Murder", pointed out the judge."I have filed an IA that these observations are not in context the relief as regards counting which was sought in the petition, but the High Court was castigating us...", submitted Mr. Dwivedi.It may be noted that after the observations were made by the High Court on April 26, the ECI moved the court praying:· That the Court direct that only what forms part of the record in the present proceedings WP No. 10441/2021 (the Karur case) to be reported by the press and electronic media and further directions may be issued to the media houses to issue necessary clarification in this regard.· That the Court direct the police not to register any FIR for the offence of murder on the basis of media reports on the oral observations attributed to the Court."But the order worked out, you did all that was asked...The High Court said that since they are disposing off the writ petition, the IAs don't survive.", observed Justice Chandrachud.It may be noted that the Madras High Court on Friday (April 30) expressed its hope that political parties, media personnel, and citizens at large adhere to the COVID instructions and the guidelines of the Election Commission and follow all the norms."The post mortem on either counts (of Union's Stance On Covid Readiness And EC's Sensationalism Concerns) may have to wait particularly in the light of the immediate measures that have to be put in place", the High Court had said.'In superior courts, discussion between bar and bench is at same pedestal as final order; it reflects the unfolding of the judge's thinking process'- SC "You are aggrieved by the High Court's observations. I think the ECI is a seasoned constitutional body, having...

Media Watchdog Of Sanctity Of Judicial Process; Reporting Of Hearing Builds Public Confidence : Supreme Court [Full Court Room Exchange In ECI Case]

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