What should be the official language of Courts?: SC refuses to interfere in Law; asks Lawyers to approach HC

The Supreme Court asked a group of lawyers to approach the Punjab and Haryana High Court with their grievance against Haryana law, which makes Hindi the official language in subordinate courts.

Chief Justice Sharad A. Bobde, leading a three-judge Bench, however remarked orally that there was nothing wrong in using Hindi as the official language in courts in certain States, considering that a majority of lawyers were well-versed in the language there and found English a challenge. The apex court finally asked the lawyers to approach the High Court.

The petition contended that the Haryana Official Language (Amendment) Act of 2020 had unconstitutionally and arbitrarily imposed Hindi as the sole official language to be used in lower courts across the State.

Advocates Sameer Jain, Sandeep Bajaj, Angad Sandhu, Suvigya Awasthi and Anant Gupta jointly challenged the new Section 3A incorporated into the Act.

The lawyers argued that English was widely used by advocates and the subordinate judiciary in lower courts in justice administration work. The imposition of Hindi as the sole language would result in an unreasonable classification between lawyers who were fluent in Hindi and those who are not.

The petition said the proficiency in language required to argue a case was much more than in the ordinary use of a language. The amendment was a violation of the fundamental right to equality, freedom to practice a profession of choice, dignity and livelihood.

The amendment had been introduced under the misconception that everyone practising law in the lower courts of the State were proficient in Hindi, the lawyers argued. The reality was far from that, as the State was an industrial hub. There were a sizeable number of lawyers who would be handicapped in arguing their cases to the fullest in Hindi. Imposing Hindi in courts and making it the only possible way to get justice was irrational, the petition said.

Source Link