Writ Petition can be filed in 'Hindi' Conditions apply, Read Order

May 1, 2019:

Patna High Court has held that even writ petitions can be filed in Hindi if properly translated version in English is annexed.

A bench of Chief Justice Sahi, Justice Kumar, Justice Prasad has passed the order in case titled Krishna Yadav vs State of Bihar on 30.04.2019.

A petition under Article 226 of the Constitution of India was filed praying 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 was referred to be resolved by a Full Bench.

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 wayback 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.

Article 348 mandates that all proceedings in the Supreme Court and every High Court shall be in English language subject to sub-article (2) which categorically provides the authorization of the use of Hindi language or any other language for any official purposes in proceedings in the High Court provided that the same shall not apply to any judgement, decree or order passed or made by the High Court. Thus, the medium of written or spoken language in proceedings of the High Court can also be in Hindi subject to any such Notification to be promulgated by the Governor of the State.

In the instant case, the Notification dated 9th of May, 1972 exists, carving out an exception that the alternative use of Hindi apart from English is permissible for proceedings in the High Court except in relation to petitions under Articles 226 and 227 of the Constitution of India and references arising out of Tax matters.

Ld. Chief Justice observed “It is therefore clear that the Apex Court while dealing with this issue has categorically held that even though the High Court Rules are framed in exercise of power under Article 225 of the Constitution of India yet they do not occupy a higher pedestal that the Constitutional mandate under Article 348  (2) and the Notification issued thereunder. I am referring to this particular paragraph as in the present case also the Rules of the High Court at Patna which require the presentation of the pleading in English as per the Rule quoted hereinabove and in respect of present issue the Notification dated 09.05.1972 also supports the same to the extent of writ petitions filed under Article 226 and 227 of the Constitution of India as well as tax references”.

He further observed “In my considered opinion, it would not be appropriate to construe that there was no prohibition in the Notification dated 9th of May, 1972 for using the Hindi Devnagari Script. The Notification only recites not that petitions under Article 226 and 227 of the Constitution of India as well as tax references will be presented “only” in English. This does not expressly prohibit the use of Hindi to the exclusion of English. It is open to a litigant to present his pleadings in Hindi but the authoritative text of it has to be in English to the extent as provided for in the Notification. This is a matter of procedure where the same Notification does not prevent the oral argument to be advanced in Hindi”.

He finally held “I find it necessary to provide that so long as the Notification dated 9th of May, 1972 is not modified, rescinded or substituted in any form, a petition under Article 226 and 227 of the 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 the authentic version of the petition for all legal purposes so long as the Notification dated 9th of May 1972 stands”.

Justice Kumar held “The answer to the reference thus is that a writ petition under Articles 226/227 of the Constitution of India can be filed in Hindi language also”.

The third judge Justice Prasad said “With utmost respect, I regret my inability to agree with the aforesaid view for the reasons stated hereinafter”.

Interestingly however, in a post script, both the judges, Justice Kumar and Justive Prasad approved the view of the Chief Justice and held “We, after having revisited our respective opinions, have come to the conclusion that the interpretation of the notification of 1972 given by Hon’ble the Chief Justice serves the twin purposes of pandering to the aspirations of preserving and promoting Hindi language and at the same time maintaining the exclusivity of the court language to English, for the benefit of the accessibility to an ever burgeoning case materials, case laws and research works in the area of law, which is mostly in English language and which is necessary in the background of the diverse, multicultural and multi linguistic country that we are in. We therefore endorse our approval to the opinion delivered by Hon’ble the Chief Justice. The reference is thus answered in the manner as held forth by Hon’ble the Chief Justice”.

Read the order here:

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