"Can't Wait Endlessly" For Executive Decision On Using Regional Language In Court: Karnataka HC Pens Verdict In Both English And Kannada
Stating that it cannot "wait endlessly" for the Executive to exercise its powers under Article 348 of the Constitution and take a decision on use of regional language in Courts, the Karnataka High Court on Thursday read out a judgment both in English and Kannada language.
A division bench of Justice Krishna S Dixit and Justice C M Joshi said, “New trend we want to set in...This is not a translation. We have written the order in Kannada and English. Just like poet Rabindranath Tagore used to write poems in Bengali also and English also.” It noted that the common man should know the court order.
Article 348(1)(a) prescribes that all proceedings in the Supreme Court and in every High Court shall be in the English language. “But, it does not say that English is the only language," the division bench remarked. It was referring to sub-section (2) thereof which provides that the Governor of a State may, with the previous consent of the President, authorise the use of any other language used for any official purposes of the State, in proceedings in the High Court.
Justice Dixit orally said, "The concerned could have taken a decision on it. However, none of them have taken. Thus, we cannot wait endlessly.” He even highlighted that on December 11, 'Bharatiya Bhasha Diwas' was celebrated.
The Court read the order while pronouncing its judgment in the appeal filed by one Nanjavidoothan Swamiji. It orally said it has prepared not only the operative part of the order but also the judgment, in both the languages.
A lawyer then said, "The common man will understand now.” The bench replied by saying "Indeed.”
Elaborating further, Justice CM Joshi said, “The Supreme Court has also said that regional languages should be given priority and that Supreme Court judgments should be translated. Till now around 2,400 Supreme Court judgments have been translated into Kannada language and are available. Similarly, High Court judgments have also been translated into Kannada and are available freely on the website."