The Apex court on 7th June declined to interfere with the decision made by the Haryana government to enforce “Hindi” as the “official language” in all subordinate courts across the state.
Few advocates have moved to the top court to challenge the Haryana Official Language(Amendment) Act of 2020, which makes Hindi as the official language in courts and tribunals of the state. A bench of CJ Bobde and Justices A S Bapanna and Hrishikesh Roy said that: “There is nothing wrong in Hindi as the official language of subordinate courts in some states”. In order to say that it is fair for the state to bring such law. To this the petitioner-in person Sameer Jain said that he is not opposing to this but also says with respect to this as he is a resident of Delhi-NCR region it would be troublesome for lawyers to argue in Hindi and also adds that it would be problematic for MNCs to argue their cases in Hindi.
To this the bench said the law under question does not prohibits the usage of English language, it can be used with the permission of court. The top court at first was inclined to issue notice and seek reply from state government-stated by advocate General Arun Bhardwaj. He states that the state enacted the law under Sec 272 of CrPC & Sec 137(2) of CPC. He includes that the state should enact such law to bring trabceoerency in proceedings. To this the top court does not arises any obligations as it says that Sec 3A of the said Amendment does not violates any fundamental right. By adding to this CJ states that the proceedings are done in Hindi/Vernacular language in states like Madhya Pradesh.
Then, five advocates including Sameer Jain moved to the top court challenging that the Haryana Official Language (Amendment) Act of 2020 has been “unconstitutionally” imposed. This plea includes the imposition of Hindi as the “sole language” would lead to “unreasonable categorization” between lawyers who are fluent in Hindi and those who are not. They also adds it would not fit for multi national companies as it is home for many of them as they are not fluent in Hindi.
(By – Durga Bhatt)