English or Marathi: Bombay HC will decide its official language

A full bench of three judges of the Bombay high court will now decide whether all the documents written in Marathi and submitted to the high court should be accompanied by their English translation or not.

After two division benches differed in their rulings on the issue between 2006 and 2009, a full bench has been appointed for a final decision on the issue.

A division bench of justice FI Rebello and justice RM Sawant, while hearing a case related to admissions in medical colleges in May 2006, had ruled that not Marathi, but English is the official language of the high court, and hence, the Marathi documents annexed to the petitions should be translated into English.

Justice Rebello had in a landmark judgment ruled that even under the constitution of India the official language of all the high courts and the Supreme Court is English. The appellate side rules also make use of English mandatory in documentation.

In March 2009, a division bench of justice SB Mhase and justice DG Karnik, however, had ruled that the local language should be given importance in the justice delivery system. Justice Mhase had ruled that “justice delivery system should be easily accessible to citizens,” and “justice should be delivered at the lowest possible cost.”

The full bench of justice BH Marlapalle, justice AM Khanwilkar and justice RY Ganoo has now appointed senior counsel Rafiq Dada as Amicus Curiae (friend of court). Dada will now help the court to decide the issue in finality.