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I do not want to demoralize the CH, they are key pillars of democracy: SC in the EC’s argument | India News

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NEW DELHI: The Supreme Court on Monday asked the Election Commission to take the stern remarks of the Madras high court in their “right spirit” and said it cannot ask the high courts to exercise restraint during such a delicate situation.
The high court was hearing the voting panel’s argument against the high court’s strong observation that he “should be charged with murder” for failing to uphold Covid protocols during election campaigns.
The electoral commission told the supreme court that it is deeply hurt by Madras HC’s “punitive comments” on a constitutional body.
A bank headed by Judge DY Chandrachud said it does not want to “demoralize” the higher courts, as they are vital pillars of democracy.
He noted that critical comments such as those made by Madras HC are often made in an open dialogue between the bar and the bank.
The bank noted that the CS would not have used such harsh language on its own, but added that such comments should be taken as “bitter pills”, especially in the wake of certain lapses during the election campaign amid the pandemic.
Top advocate Rakesh Dwivedi, who was representing the survey panel, objected that he does not have the staff to contain people participating in election rallies, adding that managing Covid is not his prerogative.
The high court also said seeking relief that the media should not report the remarks is “too implausible” and they should be able to report mostly to create accountability.
“The media are a powerful watchdog in democracy and cannot be prevented from reporting on discussions in higher courts,” he said.
The high court further asked Dwivedi to tell the Election Commission that Madras HC’s effort was not to run over an institution, reserving its order on the guilty plea.

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