2019 Supreme(Pat) 276

IN THE HIGH COURT OF JUDICATURE AT PATNA
AMRESHWAR PRATAP SAHI, ASHUTOSH KUMAR, RAJEEV RANJAN PRASAD, JJ.
Krishna Yadav S/o Lakhan Yadav - Petitioners
Versus
State of Bihar & Ors. - Respondents
Criminal Writ Jurisdiction Case No.435 of 2015
Decided On : 30-04-2019

Headnote:

Constitution of India – Articles 348 and 394-A read with Articles 226 and 227 – Whether writ petition under Article 226 and 227 of Constitution of India could be filed in Hindi language and Devanagari script – Communicative language in Courts for navigating facts and law right from common man upto highest echelons involved in litigation and concern for promotion of Hindi language in Courts in context of Constitutional interpretation of Notification promulgated by State of Bihar in year 1972 – Common use of communicative language and its barriers are dispelled when an ordinary citizen travels from north to south by road or by train and reaches his destiny comfortably – There is assimilation of common communicative language of different regions in a way that makes it easy for a common man to complete his pilgrimage of this vast nation either as a devout follower or as a traveller or a professional adventurer – This unique blending of communication in this vast country in all directions has promoted a commonality of communicative skills – In today's specialized professional world legal professionals and litigants expect that their concerns transported and transmitted through effective ideas and expressions before a Court of law in a language that fulfils duality of communication and clarity of understanding – There is hidden compulsion which still continues to persist for use of English language in all governmental spheres including Courts as a result of global impact in legal world – To strike a balance and to view problem from this angle would be an appropriate way to arrive at a workable solution. (Paras 2 to 4)

Constitution of India – Articles 348 and 394-A read with Articles 226 and 227 – Whether writ petition under Article 226 and 227 of Constitution of India could be filed in Hindi language and Devanagari script – Sentiments and passion combined with zeal to promote Hindi language may have impelled Intervenors and petitioner to have ventilated their ideas in shape of criticism but care should be taken while raising such issues to confine it to Constitutional and legal contours within which pleadings should be contained in a petition – Unnecessary submissions and slogans should be avoided as petitions are supposed to be drafted in a dignified language and any superfluousness should be avoided – Decency in presentation and precision in expression smoothens receptivity of issue raised – Courts to have a quick grasp of facts and question of law raised – Utilization of surplusage also aids in unnecessary deviations on the issue. (Para 17)

Constitution of India – Articles 226 and 227 read with Articles 348 and 394-A – Whether writ petition under Article 226 and 227 of Constitution of India could be filed in Hindi language and Devanagari script – Medium of written or spoken language in proceedings of High Court can also be in Hindi subject to any such Notification to be promulgated by Governor of State – Notification dated 9th of May, 1972 exists carving out an exception that alternative use of Hindi apart from English is permissible for proceedings in High Court except in relation to petitions under Articles 226 and 227 of Constitution of India and references arising out of Tax matters – Status of Hindi in 8th Schedule places it at pedestal as an official disposition medium so as to unite entire nation in its official work through a National official language (Hindi) – Languages incorporated in Eighth Schedule may be utilized as an alternative language subject to fulfillment of conditions under Article 348(2) of Constitution of India, but to replace English which still continues to be a common language utilized all over High Courts of country cannot be ignored – Even though propagation of Hindi as a National language has seen a growth and adoption in official work of Union as well as a large number of States, but so far as Judiciary is concerned, use of English language in all High Courts of Country as well as Supreme Court continues to be English – Wide availability of legal expressions in English language has not yet been perfectly substituted in any other regional language including Hindi – Use of language is to be a matter of practice. (Paras 28, 29, 40, 41 and 42)

Official Languages Act, 1963 – Sections 3, 4 and 7 – Constitution of India – Articles 226 and 227 read with Articles 348 and 394-A – Whether writ petition under Article 226 and 227 of Constitution of India could be filed in Hindi language and Devanagari script – Hindi in its usage does have a natural wide acceptance in a large region of Northern India – General acceptability of English language obligates its usage in one form or other to be made available in order to maintain a uniformity of expression of ideas and use of a common accepted language particularly in legal matters – Communication in a language that eases understanding and gives a smooth transition of ideas has to be taken into account which is for benefit of public at large – There is a very important angle in use of Court language particularly in higher judiciary where Court has to interpret laws that have come into existence with a global participation between different countries throughout world – Introduction of a language to be used in Courts is to be directly in tune with opportunities given to students of law to educate themselves in order to enable them to effectively discharge their duties in Court or even outside. (Paras 43 to 47)

Civil Procedure Code, 1908 – Sections 137 and 138 – Criminal Procedure Code, 1973 – Section 265 – Constitution of India – Articles 226 and 227 read with Articles 348 and 394-A – Language of Court – Pleadings before a Writ Court in written language have to be understood in authoritative language – High Court under Article 215 of Constitution is a Court of record – High Court is a superior Court having inherent and plenary powers with almost unlimited jurisdiction, including jurisdiction to determine their own powers – This wide nature of powers exercised by High Court can be invoked under writ jurisdiction by a person for enforcement of his rights as provided for under Constitution – This engulfs within itself entire canvas of population which may not include those which are yet to acquire any proficiency in Hindi language – To allow language of English to continue as an official language in High Courts which are Courts of records still continues to be in vogue throughout Country – Permissibility of use of Hindi language being prohibitory in nature may not be in tune with Constitution, but its alternative use can equally be permissible – With growth of educational institutions imparting courses in law through various degrees, English is currently in use as medium of instruction – Language of English, as prescribed by Bar Council to be only medium of instruction also cannot be lost sight of – Practicality of issue has also to be judged from point of view of adaptability of a language which in case of Hindi to be envisioned to be a gradual transition to be made by following it even in course of law through appropriate notifications. (Paras 58, 59, 60 and 69)

Constitution of India – Articles 226 and 227 read with Articles 348 and 394-A – Whether writ petition under Article 226 and 227 of Constitution of India could be filed in Hindi language and Devanagari script – Hindi has not been provided as an alternative language in respect of writ petitions under Article 226 and 227 of Constitution of India and tax references – According to plain meaning of words used in Notification dated 9th May, 1972 such pleadings presented for official use have to be necessarily in English according to said Notification and which is fortified by Rules of High Court – It would not be appropriate to construe that there was no prohibition in Notification dated 9th of May, 1972 for using the Hindi Devanagari Script – Notification only recites not that petitions under Article 226 and 227 of Constitution of India as well as tax references will be presented only in English – This does not expressly prohibit use of Hindi to exclusion of English – It is open to a litigant to present his pleadings in Hindi but authoritative text of it has to be in English to the extent as provided for in Notification – This is a matter of procedure where same Notification does not prevent oral argument to be advanced in Hindi. (Paras 72 and 73)

Constitution of India – Articles 226 and 227 read with Articles 348 and 394-A – Whether writ petition under Article 226 and 227 of Constitution of India could be filed in Hindi language and Devanagari script – So long as Notification dated 9th of May, 1972 is not modified, rescinded or substituted in any form, petition under Article 226 and 227 of Constitution of India or a tax reference can be filed in Hindi but it will have to be accompanied by an English version as well which shall be authentic version of petition for all legal purposes so long as Notification dated 9th of May 1972 stands – Constitutional mandate has been always interpreted to treat Hindi as an official language – For Court proceedings Hindi is practically parallel language and is also spoken in Patna High Court – There is no statutory or Constitutional bar for advancing oral submissions in Hindi – Hindi is not an alternative language but a language available as an elective option at privilege of user in Court proceedings subject to limitation as contained in Notification dated 9th May, 1972 – This prescription of limitation is of year 1972 and after a passage of more than half a century same has come to stay without any practical inconvenience in Court proceedings with use of English language in presenting writ petitions and tax references in English – Notification is neither unconstitutional nor it can be said to be suffering from any infirmity for being read down by this Court – There is no infringement of any legal rights either of litigant or of any Lawyer nor is there any infringement of fundamental right which is always subject to reasonable restrictions permissible under Constitution – Impugned Notification is yet within parameters of law – Use of material in English for advancing cause of justice cannot be substituted overnight which should be larger concern of those who seek for enforcement of constitutional directives of use of Hindi as an official language at all levels of judiciary throughout country. (Paras 74 to 79)

Cases Referred:

Captain Virender Kumar vs. Union of India, 1993 Suppl. (4) SCC 24; Madhu Limaye vs. Ved Murti, AIR 1971 SC 2608; Prabandhak Samiti vs. Zila Vidyalaya Nirikshak, Allahabad, AIR 1977 All 164; Santosh Kumar vs. Secretary, Ministry of Human Resources Development, (1994) 6 SCC 579; Balraj Misra vs. Hon'ble Chief Justice of High Court, Allahabad, 2000 (1) AWC 296; Ms. Aruna Roy vs. Union of India, (2002) 7 SCC 368; Dr. Vijay Laxmi Sadho vs. Jagdish, (2001) 2 SCC 247; Committee of Management Kanya Vidhyalaya Kisrauli vs. State of U.P., 2013 4 AWC 3479 – Relied.

Swaran Singh Bagga vs. N.N. Singh, Registrar, 2003(1) PLJR 315 – Approved.

Binay Kumar Singh vs. Bihar State Electricity Board, 2010(3) BLJ (PHC) 83 – Disapproved.

2003 (2) BLJ 418 (Jai Prakash (Advocate) vs. State of Bihar, 2017 (3) BLJ 113 (PHC) – Referred.

Per Ashutosh Kumar, J. (Assenting View)

Patna High Court Rules, 1916 – Article 1/Rule 1, Chapter III, Part II – Constitution of India – Articles 348(2) read with Articles 226 and 227 and 350 and 351 – Official Languages Act, 1963 – Section 7 – Whether writ petition under Article 226 and 227 of Constitution of India could be filed in Hindi language and before a Court of law in a language that fulfils duality of communication and clarity of understanding – Writ petition under Articles 226/227 of Constitution of India can be filed in Hindi language also – By virtue of Article 348(2), Governor of a State, with previous consent of President of India, has authority to recommend/authorize use of Hindi language in proceedings in High Court having its principal seat in the State – Had it been intention of Governor that for writ petitions to be filed in High Court, only English language would be permissible, Notification dated 9th of May, 1972 would have clarified the same as it has clarified with respect to the use of only English language in Tax references – For writ petitions under Articles 226 and 227 of Constitution of India, language employed in notification is that English language shall continue to be used, leaving a silent option to a litigant/lawyer to present those petitions in Hindi language as well. (Paras 9, 16, 19 and 22)

Cases Referred:

Binay Kumar Singh vs. Bihar State Electricity Board, 2010 (3) BLJ (PHC) 83; Binay Kumar Singh vs. Bihar State Electricity Board, 2003 (2) BLJ, 419 – Referred.

Per Rajeev Ranjan Prasad, J. (Assenting View)

Constitution of India – Articles 348(2) read with Articles 226 and 227 – Official Languages Act, 1963 – Section 7 – Writ petition under Article 226 and 227 of Constitution of India could be filed in Hindi language – In absence of any prohibition of use of Hindi language in Devanagari script, especially with reference to writ petitions, Hindi can be accepted as an elective language for preferring such petitions, but with caveat that along with Hindi version, authoritative English translation shall also be provided – Interpretation of notification of 1972 given by Chief Justice serves twin purposes of pandering to aspirations of preserving and promoting Hindi language and at the same time maintaining exclusivity of court language to English, for benefit of accessibility to an ever burgeoning case materials, case laws and research works in area of law which is mostly in English language and which is necessary in background of diverse, multicultural and multi-linguistic country that we are in. (Paras 6 and 7)