The Supreme Court has said that there is the need for judges to exercise caution in off-the-cuff remarks in open court.
The bench headed by Justice D Y Chandrachud said that the oral observations made by the Madras High Court against the Election Commission were harsh and the use of the metaphor was inappropriate.
Earlier, the Madras High Court during the course of the hearing on a plea alleging non-compliance of Covid protocol in polls, orally observed, that the EC is “the institution that is singularly responsible for the second wave of COVID-19” and that the EC “should be put up for murder charges”.
The Supreme Court order said, “Language, both on the Bench and in judgments, must comport with judicial propriety. Language is an important instrument of a judicial process which is sensitive to constitutional values.”
The Supreme Court further added that the High Court did not seek to attribute culpability for the COVID-19 pandemic in the country to the EC. What instead it would have intended to do was to urge the EC to ensure stricter compliance of COVID-19 related protocols during elections.
Though, the Court said that judges need to be more cautious in making such oral observations which may be susceptible to misinterpretation.
The Supreme Court noted that the oral remarks are not a part of the official judicial record therefore, the question of expunging them does not arise. The Court rejected the prayer of the EC for restraining the media from reporting on court proceedings.
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