[Suo Motu COVID-19] Off-the-cuff remarks not related to a case may be avoided by judges: Supreme Court observes

During the hearing in the suo motu COVID-19 case, the Supreme Court on Friday opined that off-the-cuff remarks not related to the case can be avoided by judges..This observation came from the three judge Bench of Justices DY Chandrachud, L Nageswara Rao and Ravindra Bhat while hearing the suo motu case with regard to supply of essential medicines, drugs and vaccine distribution. .While addressing the Court on behalf of the Central government, Solicitor General Tushar Mehta expressed concern at High Courts passing "demoralising statements" against the Central and State governments. ."Various High Courts entertaining writ petitions are making harsh and uncalled for observations. Sometimes putting Central government in the dock without justification sometimes the State governments. This creates a panic in the people. It has a serious demoralizing impact on those working on the ground fire fighting Covid. Supreme Court, as a Karta of judicial family, must address this issue," said SG Mehta. .Justice Chandrachud at this juncture replied that what happens in court is done with aim of eliciting answers from the lawyers. "Judges during discussion say things to elicit things from a lawyer. What is said is not often a final order. Every order spoken from Bench becomes a part of social media. We can only expect that people understand it is not a final conclusion," he said..Justice Chandrachud further said that when the Solicitor General or another government counsel appears, the Bench is constantly testing their submissions, but that does not mean the order is against them. However, the Bench noted that when it deals with appeals against High Court orders, it often does not state what it thinks about a judgment. ."Off the cuff remarks can give rise to misgivings about any individual. We as judges also exercise restraint. So may be off-the-cuff remarks by an judicial officer can be avoided," Justice Chandrachud added..Senior Advocate Ranjit Kumar, appearing for the State of Bihar, submitted that such statements often "demoralise the counsel.".However Justice Ravindra Bhat observed, "When first time suo motu was taken, members of the Bar attacked us saying why did we do so. Now the wheels seem to have turned full circle and now we have to ask High Courts to behave in a particular way. Judges are also stressed. We cannot be fragile to get offended.".Supreme Court hears suo motu case concerning COVID-19 [LIVE UPDATES]