Media cannot be restrained from reporting oral remarks of Judges which are forming part of the judicial record: Supreme Court
The Supreme Court has held that oral remarks of Judges in open Court proceedings cannot be expunged as they do not form part of the official judicial record.
Petition filed by Election Commission of India seeking to restrain Media from reporting court proceedings against oral remarks made by Madras High Court that the Election Commission is singularly responsible for the second wave of Covid-19 and should be put up for murder charges. The prayer of the EC strikes at two fundamental principles guaranteed under the Constitution – open court proceedings; and the fundamental right to the freedom of speech and expression.
An open court proceeding ensures that the judicial process is subject to public scrutiny. Public scrutiny is crucial to maintaining transparency and accountability.
Article 19(1)(g) of the Constitution guarantees the media the freedom to inform and convey information and to express ideas and opinions on all matters of interest. Freedom of speech and expression extends to reporting the proceedings of judicial institutions. At the same time, the duty is to preserve the independence of the judiciary and to allow freedom of expression of the judges in court.
The Supreme Court while disposing of the petition of the Election Commission of India has held that oral remarks cannot be expunged as they do not form part of the official judicial record; however , the Court agreed that remarks made by the High Court were harsh.
Oral remarks made by the High Court are not a part of the official judicial record, and therefore, the question of expunging them does not arise. It is trite to say that a formal opinion of a judicial institution is reflected through its judgments and orders, and not its oral observations during the hearing.
Having said that, the Court emphasized the need for judges to exercise caution in off-the-cuff remarks in open court, which may be susceptible to misinterpretation. All that needs to be clarified is that the oral observations during the course of the hearing have passed with the moment and do not constitute a part of the record.
Hence, because of the above discussion, the Court finds no substance in the prayer of the EC for restraining the media from reporting on court proceedings.
Appearing Counsel/s : Rakesh Dwivedi, Amit Sharma
