SC urges EC to take Madras HC's remarks in 'right spirit', refuses to curb media coverage

The Supreme Court on Monday heard the Election Commission of India (ECI)'s plea questioning the Madras HC's observations which held that ECI should be 'charged with murder' for aggravating the COVID-19 situation in the country. Senior Advocate Rakesh Dwivedi represented the ECI before a SC bench headed by Justice Chandrachud and Justice Shah.

'We are very hurt': ECI

During the course of the proceedings, Advocate Dwivedi placed before the court the efforts taken by the poll body to ensure elections take place safely amid the pandemic. He also pointed out that the ECI had welcomed all suggestions and would follow them to improve its functioning, however, things could not be said without evidence. 

"We don’t have the staff or the force to check 2 lakh people and firing and lathi charge. It is the state government that has to ensure. There is a perception that ECI has the panacea for everything," he said.

'Take remarks in the right spirit: SC

After hearing the opening arguments by ECI, the SC bench noted that it would not want to demoralise High Courts since they were not only vital pillars of the judicial process but also were aware of the harsh realities on the ground. Justice Chandrachud urged the poll body to take the HC's remarks in the 'right spirit' adding that in free-flowing conversations such remarks could be exchanged without an underlying attempt to belittle the constitutional institutions.

"We will deal with your matter in a way that preserves the sanctity of the HC," the SC said adding that it will release a well-balanced and short order.

'Media has full authority to report': SC

Advocate Dwivedi further placed that the HC's observations had caused continued discussion in electronic media that the ECI are 'murderers' stating that the body was 'very hurt' over the remarks. "Charges to a high constitutional body for murder? We discharged onerous tasks. But instead of getting a pat on the back, it is said we should be charged with murder," said Dwivedi. 

The Supreme Court told the ECI that the observations are momentary while 'what leaves its footprints on sands of time is the written order by the judge.' It also noted that the media could not be held back and had the full authority to report what is happening in Courts and bring an 'accountability.'

Concluding the matter, the Supreme Court stated that it will pronounce the order as expeditiously as possible adding that the Bench was assembling on Thursday.

What did the Madras HC say?

During a hearing of a plea filed by AIADMK's R Vijayabhaskar who raised concerns over the COVID-19 protocol during vote counting at the Karur constituency, the Madras High Court had passed disparaging remarks against the ECI.

“You are the only institution that is responsible for the situation today. No action against political parties taking rallies despite every order of the Court. Your election commission should be put up on murder charges probably!” the Madras High Court Chief Justice Sanjib Banerjee had said on April 26.