AMRESHWAR PRATAP SAHI, J.

1. This petition under Article 226 of the Constitution of India prays for the issuance of a writ of habeas corpus for release of the petitioner from judicial custody and to declare the detention order dated 16th April, 2015 as invalid in proceedings arising out of the Bihar Electricity Act, 2003 in a matter relating to theft of electricity. The writ petition is drafted in Hindi Devnagari Script which issue stands referred herein to be resolved by a Full Bench.

2. The communicative language in Courts for navigating facts and law right from the common man upto the highest echelons involved in litigation and the concern for promotion of Hindi language in Courts is the vibrant issue that has been raised before us in the context of a Constitutional interpretation of the Notification promulgated by the State of Bihar way-back in the year 1972. The 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 an assimilation of the 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 therefore has promoted a commonality of communicative skills.

3. In today’s specialized professional world the legal professionals and the litigants expect that their concerns are transported and transmitted through effective ideas and expressions before a Court of law in a language that fulfils the duality of communication and clarity of understanding. The brilliance of any human expression emanates from the spark that is ignited by ideas, whatever be the language employed to communicate the same. This freedom of expression in the language of one’s choice is engrained in the Constitution. The concern about the growth, adaptation and convenient use of the Hindi Devnagari Script in the High Court is being canvassed that we have been called upon to delve into in the light of the constitutional provisions and the Rules of the High Court in this regard.

4. There is therefore a hidden compulsion which still continues to persist for the use of English language in all governmental spheres including Courts as a result of the global impact in the legal world. To strike a balance and to view the problem from this angle would in my opinion be an appropriate way to arrive at a workable solution.

5. The petition upon being entertained was heard by a Division Bench and finding itself in disagreement with the view expressed by a Co-ordinate Division Bench in the case of Binay Kumar Singh vs. Bihar State Electricity Board and Ors. reported in 2010(3) BLJ (PHC) 83, the Bench referred the matter as it felt that the issue had not been correctly decided in the case of Binay Kumar Singh (supra). The order dated 1st May, 2015 is extracted herein under:-

“The writ application has been filed in Hindi. In support of the right of the petitioner to file a writ petition also in Hindi, learned counsel for the petitioner relies upon a Division Bench Judgment of this Court in the case of Binay Kumar Singh Vs. Bihar State Electricity Board and Ors.:2010 (3) BLJ PHC –83 in which setting aside the decision of a learned Single Judge reported in 2003 (2) BLJ 419, it was held by the Division Bench that the State Government notification dated 09.05.1972 makes exception to permit writ petition under Articles226 and 227 of the Constitution of India to be filed in English also and does not detract from the original provision providing for Hindi as an alternative language for presentation of applications supported by affidavits and which shall include writ petitions also.

We are unable to agree with the aforesaid conclusion of the Division Bench, the effect of which would be obliterating the distinction ma