New Delhi, May 6

Upholding the media’s right to report court proceedings, the Supreme Court on Thursday rejected the Election Commission’s petition seeking to restrain journalists from reporting oral remarks of judges, saying such a demand went against principles of open court and the fundamental right to freedom of speech.

“Citizens have a right to know about what transpires in the course of judicial proceedings... Oral arguments are postulated on an open exchange of ideas. It is through such an exchange that legal arguments are tested and analysed,” a Bench led by Justice DY Chandrachud said.

The Bench said, “It would be retrograde to promote the rule of law and access to justice on the one hand and shield the daily operations of HCs and this court from the media in all its forms by gagging the reporting of proceedings, on the other.

“An open court proceeding ensures that the judicial process is subject to public scrutiny. Public scrutiny is crucial to maintaining transparency and accountability.”

The EC had challenged Madras HC’s observation that the panel was responsible for the surge in Covid cases and murder charges must be slapped on its officers. The Bench junked EC’s plea, saying oral observations were not part of “official judicial record” and there was no question of expunging these. — TNS