Research › Browse › Judgment

Rajasthan High Court · body

1995 DIGILAW 341 (RAJ)

Munnoram v. Hariram

1995-04-04

B.J.SHETHNA

body1995
Honble SHETHNA, J. – Notices were issued in both these petitions to the Chief Secretary of the State of Rajasthan and Ors. as both the learned Advocates, Mr. H.S. Balot and Mr. R.S. Gill, appearing for the respective petitioners in their matters, on earlier occasion insisted to address this Court only in Hindi. The petitions with Annexures are also in Hindi. Initially, to some extent, the feeling of the members of the Bar was also that all proceedings in this High Court should only be in Hindi, and they should be allowed to address the Court only in Hindi in view of the Notification issued by the Government of Rajasthan on February 14, 1950, whereby the Governor, with the previous consent of the President of India, permitted the use of Hindi language in proceedings in the High Court of Rajasthan, to the extent permissible under Article 348(2) of the Constitution. (2). It was tried to be argued that after issuance of the Government Notification dated February 14,1950, the official language of this High Court is Hindi. In support of argument a reliance was placed upon the judgment of the Division Bench of this Court in case of Narendra Kumar v. Rajasthan High Court (1). In that case the question was ``whether in view of Section 47 of the Rajasthan High Court Ordinance, 1949 (for short ``the Ordinance) all the proceedings in this Court including the judgments, orders and decrees should only be written in Hindi Devnagri Script, which has been declared as official language of the Court? When it was pointed out that the Division Bench of this Court as in para 2 of its judgment has specifically held that:– ``We, therefore, find no substance in the argument of the learned counsel for the petitioner and other counsel who were allowed to intervene that in view of Section 47 of the Ordinance even after coming into force of Part XVII of the Constitution of India as aforesaid all proceedings including judgments, decrees and orders of the High Court have to be in Hindi written in Devnagari Script. Then the learned members of the Bar not pressed their aforesaid argument. (3). Proviso to Section 47 of the Rajasthan High Court Ordinance provides that where a Judge hearing a case is not familiar with the Hindi language, the proceedings may be conducted by him in English. (4). Then the learned members of the Bar not pressed their aforesaid argument. (3). Proviso to Section 47 of the Rajasthan High Court Ordinance provides that where a Judge hearing a case is not familiar with the Hindi language, the proceedings may be conducted by him in English. (4). In view of the above, the learned members the Bar have agreed to address this Court in English. Therefore, no further order is required to be passed by this Court. However, a request was made from the members of the Bar that if any Advocate, who is not able to address the Court in English, then he may be allowed to take the assistance of any of his colleagues. This request can readily be granted without any hesitation. In fact, without proper assistance of the Advocates it is not possible for any Court to decide the matter correctly. It was also assured by the learned members of the Bar that henceforth, the petitions will be presented by them before this Court in English, which will help the Court to do speedy justice. (5). A submission was made that the judgments of the lower Courts are in Hindi and the documents are also in Hindi and the poor litigants should not be made to suffer by asking them to supply the translation of the same, because of the transfer policy implemented by the Government. It was submitted that the proper directions should be issued to the State Government as it has been done by the Division Bench of the Gujarat High Court in case of State of Gujarat vs. Patel Jayantibhai Chaturbhai (2). (6). There is a lot of substance in this submission. (7). The judgment of the Division Bench of the Gujarat High Court is a brief one and I would like to reproduce the entire judgment, which is as under :– ``Criminal Appellate Before the Honble Mr. Justice K.J. Vaidya and the Honble Mr. Justice, N.N. Mathur, State of Gujarat vs. Patel Jayantibhai Chaturbhai and others, Criminal Appeal No. 1298 of 1993, decided on 6.5.1994, M.A. Bukhari, APP for the State. Justice K.J. Vaidya and the Honble Mr. Justice, N.N. Mathur, State of Gujarat vs. Patel Jayantibhai Chaturbhai and others, Criminal Appeal No. 1298 of 1993, decided on 6.5.1994, M.A. Bukhari, APP for the State. VAIDYA, J. – When we were called upon to consider whether this appeal requires admission or not, we have not been able to take up as one of us (N.N. Mathur,J.), who is from Rajasthan, having the difficulty of going through the judgment which is in Gujarati, the same could not be taken up. In fact, on todays board, there are several such matters which shall have to be a adjourned on the solitary ground that the copy of the impugned judgment and order runs into Gujarati which is proved to be a manifest handicap for this Bench to consider. Having come across this patent difficulty of the language we would be simply failing in our duty, as the constitutional functionary, if we do not make certain pertinent obsevations which are absolutely necessary to facilitate the learned transferee Judge to cope up with the situation like the present one in deciding the matters. Bearing in mind the promise of ``speedy justice enshrined in Article 21 of the Constitution of India, we indeed shall have to be careful in seeing to it that quite healthy and happy inspiring policy of transfer of Judges from one High Court to another inadvertently even does not come in the way and frustrate the same to the prejudice of the economically poor litigants. The urgent necessity of providing translation of documents, deposition of the witnesses and the judgments in Gujarati language into English which is an accepted official language of the High Court can never be under-estimated. We indeed cannot ignore the fact that (i) majority of the litigants before the High Court are poor persons or persons coming from the middle-class families, (ii) the translation of documents, evidence, judgments, etc. is certainly a time and money consuming factor, more particularly, when there is a dearth of adequate number of good translators. The translation charges per page, as we are informed at the Bar, ranges from Rs. 15/- to Rs. 20/-. Thus, the translation of the impugned judgment and order of the lower Courts, etc. is certainly a time and money consuming factor, more particularly, when there is a dearth of adequate number of good translators. The translation charges per page, as we are informed at the Bar, ranges from Rs. 15/- to Rs. 20/-. Thus, the translation of the impugned judgment and order of the lower Courts, etc. would not only be an additional burden on the litigants of the State but its prayer for immediate justice to that extent will also be delayed and in a given case may even shut the doors of justice for ever. This situation can as well be visualized where the learned transferee Judge sitting as single Judge, the condition could still be further worsened as the hearing in that case can come to stand-still in absence of translated version. This situation is simply unthinkable. Cheap and expeditious justice is the policy declared day in and day out by the State Government and rightly so bearing in mind the spirit of Article 21 of the Constitution. Now, at the cost of repetition, it may be stated that the happy and healthy laudable policy of transfer of learned Judges from one High Court to another may indirectly and/or inadvertently victimise the poor litigants fundamental right guaranteed under Article 21 of the Constitution and in that view of the matter, the State Government which is custodian of the interest move particularly, of the poor litigants shal have to adopt itself to the transfer policy by seeing that the Courts proceedings are not help up for want of translation and the litigants are not denied cheap and expeditious justice on the ground of language problem alone by seeing that right from the grass-root level that is to say from the trial Court, both Civil and Criminal matters, evidence, relevant documents and judgments are also translated into English. We honestly believe that when the State is required to think, decide and do anything pursuant thereto, the common manof the country and his right under the Constitution should be the only and foremost consideration. If this is not done, it will create very many problems both for the administration of justice and the litigants approaching this institution for getting justice. In this view of the matter, we direct the State Government to facilitate the entire records into English version. If this is not done, it will create very many problems both for the administration of justice and the litigants approaching this institution for getting justice. In this view of the matter, we direct the State Government to facilitate the entire records into English version. We are quite conscious of the fact that to direct the State Government is one thing and to implement the same by the State involves very many problems but at the same time, vis-a-vis the problem of the State Government on the one hand and the administration of justice and the poor litigants on the other, the problems of the later stands on little higher pedestal, to be given top most priority. In this view of the matter, it is highly desirable that the State Government given its utmost consideration to the concern felt by this Bench on warfootings for the maximum good of the maximum people at the earlier. We also direct the Registry to place this order before the Honble Chief Justice, voicing the serious concern of this Bench, for appropriate action as envisaged in Section 283 of Criminal Procedure Code, 1973. (2). The Registry is also directed to forward a copy of this Order to the Chief Secretary of the State Government for appropriate action immediately with a request to keep this Court informed every month the steps taken pursuant to our above directions. Order accordingly. I am told by the office that there are only two Translators in this Court at Jodhpur. Therefore, it will not be possible for them to translate the documents and judgments of the lower Courts from Hindi into English in all matters immediately. It requires more translators for that purpose. At this stage I may also say that on administrative side, I was asked by the then Honble the Chief Justice to hold a departmental inquiry against one subordinate Judge, against whom serious allegations have been made. Though, a period of about two months have passed, I am not able to proceed against him because all the documents are in Hindi and office has not supplied the translation so far. Thus, if more post of translators are not created in this Court and competent and good translators are not appointed, then it is definitely going to affect the administra- tion of justice. Thus, if more post of translators are not created in this Court and competent and good translators are not appointed, then it is definitely going to affect the administra- tion of justice. The State Government, which is custodian of the interest, more particularly, of the poor litiganrs shall have to adopt itself to the transfer policy by seeing that the Courts proceedings are not held up for want of translation and the litigants are not denied cheap and expeditious justice on the ground of language problem alone, by seeing that the relevant documents and the judg- ments of the Courts below are translated into English. The State is required to think, decide and do anything pursuant thereto, the common man of the country and his right under the Constitution should be the only and foremost consideration. If this is not done, it will create many problems both for the administration of justice and for the litigants approaching this institution for getting justice. (8). In this view of the matter, I recommend the State Government to facilitate this Court with necessary facilities of translating the judgments of the Courts below and the documents annexed to the petition into English by sanctioning at least at present four more posts of Translators in this High Court. The Registrar of this Court is also directed to immediately approached the State Government for creating and sanctioning minimum four posts of Translators in this Court. The Registrar will take necessary action immediately. It is hope and trust that the State Government will give utmost importance and priority to this for the good of the people at the earliest and four more posts of translators are created and sanctioned on or before 30th June, 1995. The Registrar is also directed to place only those matters with translated version of the judgments of the Courts below and the documents annexed to the petition after 31st July, 1995. (9). At the request of Mr. K.S. Rathore, learned counsel appears in S.B. Civil Revision Petition No. 158/95 and Mr. S.R. Bhandari, learned counsel appears in S.B. Civil Revision Petition No. 178/95 and state that they will appear on behalf of Mr. H.S. Balot and Mr. H.S. Gill respectively and address this Court in English on 7th April, 1995. Hence, this matter is posted for admission on 7.4.1995.