Supreme Court refuses to expunge critical remarks of Madras HC against Election Commission

The Supreme Court on Thursday refused to expunge critical remarks of the Madras High Court holding the poll panel responsible for surge in COVID cases in country, and also trashed the plea that media be restrained from reporting observations of judicial proceedings, saying it will be a retrograde act.

A bench headed by Justice D Y Chandrachud, however, acknowledged that the high court's remarks were harsh , but did not expunge them saying they do not form part of the judicial order.

Media has right to cover court proceedings, the bench said, adding, Off the cuff remarks are susceptible for misinterpretation .

The top court lauded high courts for commendable work done during COVID-19 and said they are effectively supervising pandemic management.

The bench, also comprising justice M R Shah, said the media cannot be restrained from reporting observations made during the course of hearings.

It will be retrograde to restrain HCs from making observations or gagging media from reporting observations, it said.

Courts have to remain alive to evolving technology of media, it is not good, if it is restrained from reporting judicial proceedings, the bench said.

The verdict came on an appeal of the poll panel against the Madras High Court's observation .

The high court had on April 26 castigated the EC for the surge in COVID-19 cases during the second wave of the pandemic, holding it "singularly" responsible for the spread of the viral disease, called it the "the most irresponsible institution" and even said its officials may be booked under murder charges.