Petitioner Denied Permission to Argue in Gujarati; Legal Aid Provided
In a significant ruling, the Gujarat High Court has reaffirmed that English remains the official language for court proceedings, denying a petitioner's request to argue his case in Gujarati. The court dismissed the writ petition filed by Sanjaybhai Bhikhabhai Parvadiya, who challenged the refusal of a certificate allowing him to represent himself in Gujarati. Justice Aniruddha P. Mayee underscored the necessity for parties-in-person to demonstrate proficiency in English to argue their cases in the High Court.
The petitioner, represented by advocates HCLS Committee and Naishadh V Pandya, argued that his inability to understand English infringed upon his rights. However, the respondents, represented by Mr. R.D. Kinariwala, maintained that the petitioner failed to meet the competency requirements laid down by the court. These requirements include understanding, expressing, and explaining one's case in English.
The court referred to the decision in Suo-motu v. Manish Kanaiyalal Gupta, emphasizing that the language of the court proceedings must be English. The ruling also highlighted the provision for legal aid, directing the petitioner to the High Court Legal Services Committee for assistance, which subsequently provided counsel to help the petitioner in his case.
Ultimately, the court found no merit in the petitioner's application and upheld the committee's decision to deny the certificate, reiterating that the official language of court proceedings is English, and parties must comply with this requirement.
Bottom Line:
Gujarat High Court reaffirms that the official language of the High Court is English. A party-in-person must demonstrate competency in English language to argue their case, including the ability to understand, express, and explain their case in English.
Statutory provision(s): High Court Rules, Legal Aid Provisions
