Lanugage issue with judge in 498a

Originally posted by : pun
	Hello Members, I appeared today in my 498A case. Judge asked me if i have any lawyer and i replied that i am appearing in person. Then he asked me that i cant appear in person without filing a formal application for it. Then he asked me if i know marathi and i replied that i am not very much comfortable. Then he said that he doesnt know hindi that much. Then i suggested him that i can communicate with him in English and he replied with saying that laguage of court is marathi and i need to speak with him or file an application in marathi only. Please suggest if filing an application to appear in person is mandatory and what can be done with this language issue with judge? Thanks

Take help of translator, hire a lawyer.

strange !

as per my view, Hindi and English can be allowed.

no application is required to be filed for appearing PIP.

paralell query at https://www.lawyersclubindia.com/forum/details.asp?mod_id=78211&offset=1#.UVy63DchHfM

It is the spirit of Marathi's.  I had appeared in one case, I filed an application, but judge said file an application in Marathi, but one man from Karanataka who is practicing there helped to write in Marathi.  It is ridiculous

This is sickening that if our country is one then they can disallow Hindi. I believe 3 language formula must be adhered to. Wake up govt of India and do something. I recently had been to Chennai where buses had routes only written in local. Then how can we say India is is one and that Hindi is National language? 

@Pun,

Are you lawyer ? I appreciate your courage of fililng criminal cases as party in person. From my forum reading, i found Very few (may be counted on fingers) people fighting criminal cases as P-I-P.

My best wishes for you.

Also , i had read one case in family court where local language is gujarati. Appointed advocate was asking questions in Gujarati, another lawyer appointed as translator was translating it to marathi as the person who was appearing in cross was knowing only marathi. And the same lawyer was translating marathi answer to gujarati so that the typist can note down all his question/answers during cross. This arrangement worked quite well.

@ Pun 

On the next date file the application as below and on purpose file it in english without talking a single word he will accept it .If you observe normally with a vakalatnama a lawyer cant contest your case . similar is the case of PIP .

BEFORE THE HON’BLE JMFC -------, AT--------------

                                                                                Cr. M.A. No.  -/----

Mrs.-----                                                                        ---Applicant

       V/S

Mr. -----                                                                             ---Opponent

Application filed on behalf of Respondent  is as under

The respondent hereby wishes to state that he would be appearing hereby for all the future hearings as party in person .

It is therefore prayed that

1.Respondent  may kindly be permitted to represent himself.

 2. Any other just and equitable order in the interest of justice may kindly be passed .

Place : 

Date :-                                                        Respondent .  

Even Ajmal Kasab did not know marathi but was allowed to defend.

Just one year back I also faced such problem when I had gone to Mumbai to  argue regarding a termination case of two  King Fisher  employees. The Judge asked me in Matathi some thing which I did not understand & told him so in English. He then informed through Opposite Side lawyer that he does not know English or Hindi & can speak in Marathi only.

Finally I had to engage a local lawyer to contest the case & it was a huge problem for me for not understanding the local language.

348 (1) notwithstanding anything in the forgoing provisions of this part, until the Parliament by law otherwise provides,

(a)   All proceedings in the Supreme Court, and in every High Court

shall be in theA English Language.

Under the next article a State can adopt its language also. But that is an additional option and not to the exclusion of English.

It is mandatory to provide an English translation of the judgment. Only the English translation shall be treated as authentic.

350. Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State as the case may be.

English is very much in use in Maharashtra.

350B. (1) There shall be a Special Officer for linguistic minorities to be appointed by the President.

(2)   It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct and the President shall cause all such reports to be laid before each House of Parliament and send to the Governments of the States concerned.

Mumbai and other cities of Maharashtra have large linguistic minorities. But no Special Officer has been appointed. If there was a Special Officer, he could have taken action when there were riots in Mumbai against North Indians. The Minorities Department of the Government of Maharashtra is concerned with Muslims only.

Mumbai and other cities of Maharashtra have large linguistic minorities. But no Special Officer has been appointed. If there was a Special Officer, he could have taken action when there were riots in Mumbai against North Indians. The Minorities Department of the Government of Maharashtra is concerned with Muslims only.

 How can we have a judge, who does not know the Constitution? The Judges should be shown Article 350 of the Constitution. Probably the judges do not aspire to be elevated to the High Court or higher courts.

If the litigant is not satisfied with the judgment he has the right to appeal to the High Court and the appeal has to be in English Language only.

In 2010 Justice Mhase, a retired judge of the High Court and then President the State Consumer Commission issued an order that all proceedings in the lower Consumer Court shall be in Marathi only. It was challenged by Mr.Subhash Gai before the National Consumer Commission and a stay order on Justice Mhase's order within 15 days.

One of the justifications given by Justice Mhase was that the salaries of all the staff of the courts were drawn from Maharashtra Goverment. Where does the Maharashtra Government get the money from? Are people not speaking Marathi, but residing in Maharashtra, exempted from paying Maharashtra taxes?

I suggest  that Mr. Pun  make representation to the High Court against the order of the Judge citing the above Articles. There also he need not have to appoint a lawyer and save large fees. I can give him assistance free  if he wants, but only out of court,  as I am not a lawyer either

The language of Hindu scripttures is Sanskrit. Can there be a Hindu religious scholar without knowing Sanskrit? Under the Indian Constitution the language of Law is English. How was the Judge appointed in the first place, if he did not know English?

In my first post above the numbers 348(1), 350, 350B etc refer to Articles of Indian Constitution. Somehow the first few sentences got left out.