Oral Remarks Of Madras HC Not Part Of Judicial Records: SC
Millennium Post Delhi|May 07, 2021
Rejects Election Commission plea, says citizens have a right to know what transpires in court proceedings
Oral Remarks Of Madras HC Not Part Of Judicial Records: SC

NEW DELHI: The Supreme Court Thursday said Madras High Court’s oral observations holding the EC responsible for surge in Covid cases are not part of official judicial record leaving no question of expunging them and also trashed the plea that media be restrained from reporting such remarks, saying freedom of speech “extends to reporting proceedings of judicial institutions as well”. Holding that citizens have a right to know what transpires in judicial proceedings, the top court said it is a staunch proponent of freedom of media to report court proceedings.

The top court, referring to Constitutional importance of high courts and the Election Commission (EC), said it has attempted to strike a balance and emphasized that there was a need for judges to exercise caution in off-the-cuff remarks in open court, which may be susceptible to misinterpretation.

Rejecting the plea of the poll panel, a bench comprising justices D Y Chandrachud and M R Shah said the oral remarks are not a part of official judicial record, and therefore, the question of expunging them does not arise.

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