No choice but English: Gujarat High Court rejects man’s plea to argue case in Gujarati

The court held that there was no infirmity in the Certificate granted by the respondents.

Findings

• A division bench in suo motu v Manish Kanaiyalal Gupta and Others has held that the official language of the high court is English and, therefore, the presentation of the case has to be in English and it cannot be in any language other than English language.
• It was further held by the division bench that no party in person will be able to address the court other than English language and unless his competency is so certified by the committee.
• The respondents have also observed that the petitioner’s educational qualification is class 10; he is unable to understand English language; he is unable to express in English language and he has no clarity about his thoughts and is unable to explain the facts of the matter in English language and therefore, he is not competent to assist the court in person and he is advised to engage advocate of his choice or to approach the high court legal services committee.
• The petitioner was directed by the court to approach the high court legal services committee for providing him legal aid in the present petition, whereafter the high court legal service committee has given counsel to the petitioner to argue the present case.
• In overall view of the matter, there is no infirmity in the certificate granted by the respondents.

Background

• The litigant had challenged the certificate whereby the committee had refused to grant permission for arguing his case before the high court as a party-in-person.
• He argued that the insistence on conducting proceedings in English language before the high court was infringing his rights. Therefore, he sought permission to argue his case in Gujarati language.
• The counsel for the judicial registrar-respondent submitted that the petitioner cannot insist on arguing his case in Gujarati language.
• It was further submitted that the petitioner does not understand English language and if he has to argue in English language then he needs to have an interpreter to understand and conduct the proceedings.