High Court's Language Is English; Party Can't Insist On Speaking Another Language : Gujarat HC

Update: 2022-01-09 06:19 GMT
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The Gujarat High Court recently stated that the language of the Court is English and that a party cannot insist on addressing the Court in any other language. The Court referred to Article 348 of the Constitution which mandates that the language of the Court shall be English.A division bench comprising Chief Justice Aravind Kumar and Justice Ashutosh J Shastri took objection to a contemnor,...

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The Gujarat High Court recently stated that the language of the Court is English and that a party cannot insist on addressing the Court in any other language. The Court referred to Article 348 of the Constitution which mandates that the language of the Court shall be English.

A division bench comprising Chief Justice Aravind Kumar and Justice Ashutosh J Shastri took objection to a contemnor, who was appearing as party-in-person, insisting that he will address the Court only in Gujarati.

Chief Justice Aravind Kumar (who hails from Karnataka) 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 but insisted on speaking in Gujarati.

Rejecting his prayer, the Court observed in its order :

"We are not inclined to accept his submissions for reasons more than one. First, 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 mandates that the language of the high court would be English and as such the submission of the contemnor cannot be accepted".

During the oral hearing, the Chief Justice said that if the party is addressing in Gujarati, then he will respond in Kannada.  "Then, I will tell you in Kannada", Chief Justice said before responding to the party's Gujarati statements in Kannada.

 "This is High Court. Not District Court. Only in District Court, local language is permissible. Here it is only English," the CJ orally said.

The Court adjourned the hearing accepting the party's request for time to put forth this case through a lawyer.

Click here to read/download the order





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