The Gujarat High Court recently comprising of a bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri stated that the language of the Court is English and that a party cannot insist on addressing the Court in any other language. (Suo Motu Versus Samna Bhrashtachar Ka News Paper & 1 other(s))
The bench remarked, "Article 348 of the Constitution mandates that the language of the Court shall be English."
Facts of the case
Pursuant to an order, Police inspector of Sector 21 Police Station, Gandhinagar has executed the warrant and has produced the contemnor before this Court.
The contemnor, in the present case was appearing as party-in-person, insisting that he will address the Court only in Gujarati.
Courts Observation and Judgment
The bench of Chief Justice Aravind Kumar objecting the same pointed out that he cannot understand Gujarati and offered the services of a legal aid counsel to the party if he is unable to afford a lawyer. The party insisted on speaking in Gujarati.
The Court rejecting the prayer remarked, "We are not inclined to accept his submission for reason more than one, firstly – we will not permit the contemnor to address the Court in the language which is not understood by this 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. That apart, it would be open for him 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 this Court, hence, his contention stands rejected.".
The Court adjourned the hearing accepting the party's requesting for time to put forth this case through a lawyer. The bench also said, "Contemnor is also directed to appear before this Court on all dates of hearing without fail."
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