Media should be able to report everything, SC tells EC

The Election Commission had challenged the critical observations made by Madras High Court

The Supreme Court on Monday observed that reporting by the media on the unfolding of the judicial process in constitutional courts brought accountability among judges and fostered citizens' confidence in the judicial process.

"We cannot expect the media not to report dialogues. Oral observations are as important as orders. Unfolding of process of judicial thinking is equally of interest to the public," said a bench of Justices D Y Chandrachud and M R Shah.

The top court told the Election Commission to take the Madras High Court's comment — for slapping murder charges against its officials for failing to ensure adherence to Covid protocol during the poll process — in the right spirit and as a bitter pill.

Also Read | EC officers should be booked under murder charges: Madras HC slams political rallies during Covid-19

The court, however, agreed that the comment was quite strong but must have been made out of anguish and frustration.

It reserved the order on a petition by the polling panel against the oral comments by the Madras High Court.

The bench assured the EC that the top court would try to balance the situation but it cannot ask the High Court judges not to make comments beyond the pleadings. Sometimes, judges say certain things in larger public interest, the court said. "The observations by the judges are momentary while what leaves its footprints on sands of time is the written order," the bench said.

The court termed far-fetched the contention by senior advocate Rakesh Dwivedi, on behalf of the Election Commission, that media should not report oral observations which did not form part of the final order.

The poll watchdog faced a lot flak for failing to limit huge gatherings at public rallies during the second wave of Covid-19.

Dwivedi said the EC was hurt by the High Court's "unwarranted and disparaging" remarks made on April 26. Reporting by the media had damaged its reputation built over the years, it had said.

"We cannot say the media cannot report contents of the discussions in a court of law. This is of equal public interest...it is on same pedestal as the final order. The unfolding of debate in the court is equally important and media has a duty to report. It's not only our judgements that are significant," Justice Chandrachud said.

The bench said media reporting brought a sense of accountability and it showed that judges were dispensing their duties fully.

The bench also apparently did not agree to a plea by the EC that it was a constitutional body and another constitutional body (High Court) should not make adverse comment upon it.