Patna HC judge rejects petition as it is in Hindi; Advocate argues there is no express prohibition on using Hindi


Bihar, India: A video of a Patna High Court judge and advocate arguing has gone viral over social media. In the video, the judge may be seen refusing to file the advocate’s petition as it is not drafted in English, claiming that he can’t perceive it as it is in Hindi. However, the advocate may be seen debating that the judge can’t refuse to file with out going by way of the petition, and informing the judge that there is a translation division in the Court which might translate the petition.

In the video, the judge may be seen saying “Sir, again you are submitting in Hindi, I am not able to understand,” when the advocate makes a submission earlier than him. The advocate responds, “Your lordship, this is the problem, even we do not understand English.”

The judge responds, “I have rejected your petition,” to which the advocate responds, “Your lordship, the rejection must be in light of the Full Bench, the Full Bench is in favour of Hindi.”

The judge replies, “Your case is already over, I have called the next case.” The advocate submits, “The rule is not to move forward without hearing the case, the judge must hear the case first before moving forward.”

The advocate continues, “The hearings did not start in Hindi today, all judges of the Patna High Court hear cases in Hindi. Now Lordship is asking us to make translations to English, we are requesting that the translations can be made through the translation department. The translation department in this Court exists prior to Independence. We have a share in the salaries they receive, and so does our client. Then, problem that the Lordship has in asking for translations from them. What we’re asking concerns justice, we do not know English, and still we’re being asked for the English translation.”

Thereafter, the advocate submits an order from the Division Bench, the lordship can provide his order referring to the Division Bench’s order. He mentioned, “We have already attached in the annexure, that is our prayer.”

The advocate additionally cites a Full Bench case whereby it was noticed that when the petitioner has filed their petition in Hindi, then it can’t be mandated that the petitioner additionally gives the English translation. Furthermore, the Full Bench noticed that there is a translation division in the Patna High Court and subsequently, it is not a problem to ask for a translation from them. The Full Bench famous that there is no express prohibition for submitting petitions or making arguments in Hindi. It is reported that the video is about 7 months outdated.

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