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HCs should avoid unnecessary and spontaneous comments: SC | India News


NEW DELHI: Superior courts should avoid making unnecessary and “off the cuff” comments during hearings as they can have serious ramifications, the Supreme Court said on Friday.
The high court advice came during hearings on the Covid-19-related pleas after Attorney General Tushar Mehta and Chief Counsel Ranjit Kumar, who appeared for the Center and the Bihar government respectively, said such comments gave the impression that the authorities were doing nothing.
The Madras and Delhi high courts have been highly critical, making strong remarks against the Center and various authorities for the way they have been handling the severe second wave of Covid-19.
A bank headed by Judge DY Chandrachud, who heard the suo motu case on the management of Covid-19 in the country, took note of the presentations from the Government of the Center and Bihar and warned the High Courts of moderation.
“Even when we criticize a judgment of a Superior Court, we do not say exactly what is in our heart and we exercise a certain degree of restraint. We would only hope that since the superior courts have been given freedom to deal with these matters, they can be avoided. some impromptu remarks, which are not necessary, “said the court which also consisted of Judges L Nageswara Rao and S Ravindra Bhat.
Government officials, including those who are infected with Covid-19, are working tirelessly to deal with the pandemic situation, the lawyers said.
Punishing duty officers is “very demoralizing,” Kumar said. The court said the judges also know that this is a new time where every word they say becomes part of social media. “All we can say is that we expect a certain degree of respect and restraint,” the bench said.
The high court said that, particularly in sensitive matters, it tended to exercise some caution and restraint. “It is not because we are afraid of our comments. Of course, we are independent. It is only because of the serious ramifications that impromptu comments on private citizens can have,” Judge Chandrachud said.
“Sometimes the judges make some observations to get an adequate response from the lawyers, which should not be considered as those comments against anyone,” he said.
The court said that when judges say something in court, it is only to get information and response from lawyers to allow for open dialogue.
“It is not the conclusion on anything, it is only to test the hypothesis of the lawyer and the other party,” he said. Sometimes higher court judges are stressed by local conditions and can sometimes make strong comments, the court said, adding that “we must not be so fragile as to take offense.”

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