Thread by @barandbench

#SupremeCourt bench led by Justice DY Chandrachud to shortly deliver JUDGMENT on an appeal filed by ECI against the oral observations made by Madras HC that @ECISVEEP was "singularly responsible" for the #COVIDSecondWave in India & should be tried for "murder charges"
#MadrasHC

#MadrasHighCourt had made the remark while hearing a plea by AIADMK's R Vijayabhaskar raising concerns over whether adequate facilities are in place to ensure COVID-19 protocol during vote counting at the Karur constituency, where about 77 candidates are contesting the elections

The Supreme Court had, however, maintained that it cannot dilute the hallmark of the judicial process.

"We will strike a balance to maintain the independence of our high courts while taking your concerns into account," the Bench had said.

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Supreme Court bench of Justices DY Chandrachud and MR Shah will assemble at 11 am for the pronouncement of judgment
#SupremeCourt
@ECISVEEP
#MadrasHighCourt

Justice DY Chandrachud: Good morning everyone.

@ECISVEEP #supremecourt

Justice DY Chandrachud: A delicate question of balancing power of two constitutional authorities has led to a question to power and role of media. We look at freedom of media not only report the orders but also judicial proceedings.

@ECISVEEP #supremecourt

Justice DY Chandrachud: in a constitutional framework based on checks and balances can ECI set up a plea when there is constitutional immunity to a body. We say courts must be open save and except for in camera proceedings like marital privacy etc

@ECISVEEP #supremecourt

Justice DY Chandrachud: open access to court is the cornerstone of constitutional freedom. Article 19 1 a covers freedom of press. freedom of speech and expression covers freedom to cover court proceedings too

@ECISVEEP #supremecourt

Justice DY Chandrachud: Courts have to remain true to their remit and provide checks on arbitrary exercise of power. Freedom media lies in comment about and report the proceedings. news have travelled from newspaper radio and internet.

@ECISVEEP #supremecourt

Justice DY Chandrachud: internet has revolutinalised court room reporting. there should not be a good enough reason for courts to engage with evolving technology.

@ECISVEEP #supremecourt

Justice DY Chandrachud: Now people are more digital oriented and hence look to internet for information. hence it would do no good to prevent a new medium to report proceedings. constitutional bodies will do better than complain about this

@ECISVEEP #supremecourt

Justice DY Chandrachud: This is also a part of augmenting the integrity of the judiciary. With the advent of technology we are seeing reporting with real time updates its a part of freedom of speech and expression of press. Its an extension of open court

@ECISVEEP #supremecourt

Justice DY Chandrachud: International courts allow live streaming. Gujarat HC has also allowed to so. in this backdrop it would be retrograde for the court to gag reporting of proceedings and uphold constitutional ethos.

@ECISVEEP #supremecourt

Justice DY Chandrachud: manner in which proceedings conducted in superior court is unique to each judge. such interaction is based on spontaneity of thought. may times judges play the role of a devils advocate. orders must reflect a application of mind

@ECISVEEP #supremecourt

Justice DY Chandrachud: observations during hearing is not a part of the judgment but is a part of the solution and which elicits thought from the opposing counsels. if this expression is discourage THE PROCESS OF JUDGING WILL BE CLOSED

@ECISVEEP #supremecourt

Justice DY Chandrachud: this court must balance so as to not encroach the lower courts and hamper their independence. We have at one hand the madras hc and which performs intrinsic role exercising power under article 226 and in touch with ground reality

@ECISVEEP #supremecourt

Justice DY Chandrachud: high courts have played a commendable role in handling covid19 pandemic. on other hand is the election commission which has conducted free and fair elections for over 70 years and its independence is essential for democracy to thrive

@ECISVEEP

Justice DY Chandrachud: regarding remarks made by hc, we understand that hc was facing rising cases of covid19. remarks were harsh and metaphor improper. hc did not attribute culpability to the eci for the spread of covid19

@ECISVEEP #supremecourt

Justice DY Chandrachud: there is a need for judicial restraint for off the cuff remarks which is open for misinterpretation. judicial language is importance for constitutional ethos. power of judicial review is so high that it forms a basic structure

@ECISVEEP #supremecourt

Justice DY Chandrachud: a degree of caution and restraint on part of the hc would have allayed this proceedings. oral remarks are not part of the order and hence no question of expungement.

@ECISVEEP #supremecourt

BREAKING: Justice Chandrachud: We find no substance in prayer of ECI to restrain media from reporting court proceedings. it is essential to hold judiciary accountable.

@ECISVEEP #SupremeCourt

[Breaking] Freedom of speech covers freedom to cover court proceedings: Supreme Court rejects ECI plea against Madras HC "murder" observations

report by @DebayonRoy

#SupremeCourtofIndia #MadrasHighCourt
#ElectionCommission

@ECISVEEP

barandbench.com/news/litigatio…

[ECI case] Internet has revolutionised court reporting; real-time court updates part of press freedom: 5 highlights from Supreme Court judgment

#SupremeCourtofIndia #pressfreedom
#CourtReporting #ElectionCommission

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