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Last Thursday, a Supreme Court Bench consisting of Justices D Y Chandrachud and M R Shah delivered a significant judgment. The court considered the plea by the Election Commission that sought to expunge certain oral observations of the Madras High Court against it. The Madras High Court, while considering COVID-19 related case, said that the EC was singularly liable for the second wave of pandemic by failing to regulate the crowds during the election and should probably face murder charges.
The media reported these observations. The EC was aggrieved by these oral strictures and the media reports about them. The Supreme Court rightly rejected the plea by holding that the institutions such as the EC are not immune from criticism. “Our public constitutional institutions must find better responses than to complain,” the court said. It also said that freedom of speech extends to reporting of judicial proceedings. It noted further: “it would be retrograde for this court to pro ....

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