New Delhi, June 8 :
The Supreme Court on Monday refused to entertain a petition challenging the Haryana Government’s decision to enforce use of Hindi language in all subordinate courts and tribunals across the state.
“There is nothing wrong in Hindi as the official language of subordinate courts in some states…80% of people don’t understand court proceedings in English,” a Bench headed by Chief Justice of India SA Bobde said while asking the petitioners to approach the Punjab and Haryana High Court.
During the British rule, for recording of evidence the language used in subordinate courts was vernacular language, the CJI said, adding that Hindi was being used even in Madhya Pradesh where he served as Chief Justice of the High Court.
Petitioner Sameer Jain contended, “We practise in courts of Delhi NCR and making Hindi mandatory will make it difficult for us to argue cases.” Jain said he was not against Hindi but making it mandatory would make things difficult for lawyers who argued their cases in English.
“Show us the clause that excludes English, the CJI said, clarifying that English can be used with the permission of the court.
Initially, the top court was ready to issue notice to the state government on the petition. However, it changed its mind and asked the petitioners to go to the high court after Haryana Additional Advocate General Arun Bhardwaj pointed out that the law under challenge was a state law and it would be better if the Punjab and Haryana High Court dealt with it.
According to the Haryana Official Language (Amendment) Act, 2020, “In all Civil Courts and Criminal Courts in Haryana subordinate to the High Court of Punjab and Haryana, all revenue Courts and Rent Tribunals or any other court or tribunal constituted by the State Government, work shall be done in Hindi language.”
Notified last month, the amendment says the State Government shall provide the requisite infrastructure and training of staff within six months for the commencement of the amended Act.
Five lawyers have challenged the validity of the Haryana Official Language (Amendment) Act, 2020, terming it “arbitrary” on the ground that it created an unreasonable classification between Hindi and non-Hindi speaking advocates. Petitioners, including advocate Sameer Jain, urged the court to strike down the amendment.
They contended that the amendment was with the assumption that everyone practising law in Haryana not only knew Hindi but was also fluent in it. To say that imposition of Hindi was for people of the state and necessary to get justice was “wholly irrational,” they added.
They said the level of fluency and expertise needed to argue a matter in Hindi was much higher than just a simple understanding of the language.
“English is a widely spoken language in our country and precluding its use before various Subordinate Courts is manifestly arbitrary with no legal rationale and having far-reaching consequences for the people living and working in the State of Haryana,” they said.
Contending that the amendment precluded the use of English which was used widely to conduct legal proceedings, the petitioners said, “This has impinged upon the right to freely practise the legal profession and earn a livelihood as guaranteed under Articles 14, 19 and 21 of the Constitution.”
They said imposition of Hindi was not fit for the state as it was an industrial hub and home to multi-national companies, where people from every strata of society resided and majority of them were not fluent in Hindi.
