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'Essential To Hold Judiciary Accountable': SC On Madras HC's 'Murder Charges' Comment For EC

The Supreme Court found no substance in the prayer of ECI to restrain the media from reporting court proceedings but said that constitutional authorities can do better than to complain and ask for fetters on the media

The Supreme Court pronounced its judgment over the Election Commission's plea in protest against the Madras High Court's statement stating the 'EC Officials as murders' for allowing to conduct elections while the country was reeling with the second wave of Coronavirus pandemic.

The apex Court reiterated its statement that the media cannot be stopped from reporting any court hearing as it is their right and people deserve to know what is happening inside the Court.

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The Supreme Court said, " We find no substance in the prayer of ECI to restrain media from reporting Court proceedings. It is essential to hold the judiciary accountable."

The SC said the remarks made by the Madras High Court were "harsh and the metaphor improper" and judicial restraint was necessary.

"There is a need for judicial restraint for off-the-cuff remarks which is open for misinterpretation. Judicial language is important for constitutional ethos. Power of judicial review is so high that it forms a basic structure," the top court observed.

On the freedom of the media to report court proceedings, the Court held,

"Open access to courts is a valuable safeguard to constitutional freedom. Freedom of the press is a facet of constitutional freedom of speech and expression," said the Supreme Court.

The Madras High Court had slammed the Election Commission of India for allowing political rallies amid a deadly second wave of Covid-19,  holding it "singularly" responsible for the spread of the viral disease.

“Your institution is singularly responsible for the second wave of Covid-19. Election Commission officers should be booked on murder charges probably,” the HC observed.

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