High Court Proceedings Must Be in English, party cannot insist to plead in another language: Gujarat HC
The Gujarat High Court in the case of Suo Motu v/s Samna Bhrashtachar Ka News Naper & 1 Other(s) ruled that High Court Proceedings Must Be in English, party cannot insist on pleading in another language.
A Communication has been addressed to the Court by the contemnor stating thereunder that certain important information with documentary evidences from the Principal District Judge, D.G.P, Police Superintendent of Gandhinagar District and Public Information Officer of the Office of the Chief Minister that is, the First Public Representative of the State, has been sought for and after it is received, he would protect his rights by placing the same before the Court.
The contemnor contended that he would speak only in Gujarati language and he will not speak in any other language. Even an offer made by the Court stating that if he is unable to engage a counsel, legal aid would be provided from the Gujarat State Legal Services Authority, he insisted for the information sought for being provided and then only he would make his stand clear.
The division bench of the Chief justice Mr. Aravind Kumar and Mr. Justice Ashutosh J. Shastri said that they will not permit the contemnor to address the Court in the language which is not understood by the Court (by the Chief Justice), and secondly, Article 348 of the Constitution of India mandates that language of the High Court would be English and as such the submission made by the contemnor cannot be accepted.
It would be open for the contemnor to raise all such defences, if so advised at appropriate stage and he cannot insist for putting up a defence, the information sought for by him should be ordered to be given by the Court, the court added.
The contemnor inspite of being informed in Gujarati language by Justice A.J. Shastri that he cannot be granted time, he insisted for one additional extra day be given to put forth his case through lawyer. He undertook to make necessary arrangements to conduct his case and at his request, the court re-listed the matter. Contemnor is also directed by the court to appear before the Court on all dates of hearing without fail.
cannot insist on pleading in another language.A Communication has been addressed to the Court by the contemnor stating thereunder that certain important information with documentary evidences from the Principal District Judge, D.G.P, Police Superintendent of Gandhinagar District and Public Information Officer of the Office of the Chief Minister that is, the First Public Representative of the State, has been sought for and after it is received, he would protect his rights by placing the same before the Court.
The contemnor contended that he would speak only in Gujarati language and he will not speak in any other language. Even an offer made by the Court stating that if he is unable to engage a counsel, legal aid would be provided from the Gujarat State Legal Services Authority, he insisted for the information sought for being provided and then only he would make his stand clear.
The division bench of the Chief justice Mr. Aravind Kumar and Mr. Justice Ashutosh J. Shastri said that they will not permit the contemnor to address the Court in the language which is not understood by the Court (by the Chief Justice), and secondly, Article 348 of the Constitution of India mandates that language of the High Court would be English and as such the submission made by the contemnor cannot be accepted.
It would be open for the contemnor to raise all such defences, if so advised at appropriate stage and he cannot insist for putting up a defence, the information sought for by him should be ordered to be given by the Court, the court added.
The contemnor inspite of being informed in Gujarati language by Justice A.J. Shastri that he cannot be granted time, he insisted for one additional extra day be given to put forth his case through lawyer. He undertook to make necessary arrangements to conduct his case and at his request, the court re-listed the matter. Contemnor is also directed by the court to appear before the Court on all dates of hearing without fail.
