Judges should exercise restraint, responsibility while making observations in court: SC

New Delhi, Aug 7 (PTI) The Supreme Court on Wednesday said judges should exercise restraint and responsibility while making observations during the proceedings in courts, particularly when the hearings are live streamed.

The apex court’s observations came while expunging the “scandalous” and “unwarranted” remarks made by a single judge bench of the Punjab and Haryana High Court against the top court in a contempt proceeding.

“In an age where there is widespread reporting of any proceeding which takes place in the court, particularly in the context of live streaming which is intended to provide access to justice to citizens to the proceedings of the court, it is all the more necessary that judges exercise restraint and responsibility in the observations which are made in the court during the course of the proceedings,” a five-judge special bench headed by Chief Justice D Y Chandrachud said.

The bench, also comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant and Hrishikesh Roy, expunged the observations made by Justice Rajbir Sehrawat of the high court in his July 17 order.

During the hearing, Solicitor General Tushar Mehta, who appeared in the matter, referred to a video of the July 17 proceedings before the high court being circulated.

“The order dated July 17, 2024, is compounded by a video which has been circulated indicating random, gratuitous and unnecessary observations made by the single judge during the course of the hearing,” the bench noted.

It said observations which have been reflected in the video can cause “incalculable harm to the sanctity of the judicial process”.

“We hope and trust that such circumspection would be observed in the future,” the bench said.

During the hearing, the bench observed it was “pained” by the observations made by the single judge of the high court in its July 17 order.

The top court noted it has been apprised that a division bench presided over by the chief justice of the high court has taken suo motu notice of his observations and stayed his order.