Tuesday, June 22, 2010

Madras HC not opposed to arguments in Tamil

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"High Court not opposed to arguments in Tamil"

K. T. SANGAMESWARAN

The Madras High Court on Monday said that it was not opposed to advocates arguing in Tamil in courts.

When counsel pleaded with the First Bench comprising Chief Justice M.Y.Eqbal and Justice D.Murugesan for the release of advocates arrested after they went on an indefinite fast demanding that Tamil be made the language in the High Court, Justice D.Murugesan orally observed that the Bench's statement was enough. "When the First Bench says it is not opposed to Tamil, what more do you need." When counsel said the court may issue a circular, the Chief Justice said there was a constitutional limitation on the court.

Hence, a circular could not be issued. He cited an instance where a person argued in Tamil and the Bench heard it.

Counsel said if the advocates are released, it would go a long way in defusing the situation. If the advocates were released, they would respond positively.

The Bench made it clear that it was concerned at the maintenance of discipline on the High Court premises.

Mr.Justice Murugesan said if released, the gesture should be properly reciprocated. After getting bail, the advocates should not do the act again (sitting on fast on the High Court premises). An undertaking should be given.

The Chief Justice said a bail petition could be filed before the Magistrate court. When counsel said those arrested were not interested in filing it, Mr.Justice Murugesan said he could file a formal application. Unless there was an application, an order could not be passed.

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High Court lawyers argue cases in Tamil

Tamil Nadu Bureau

MADURAI/CHENNAI: An oral statement made by the First Bench of the Madras High Court on Monday that it was not opposed to advocates arguing in Tamil prompted lawyers to use Tamil in the principal seat and at the Madurai Bench.

In Madurai, a large number of lawyers continued court boycott for the ninth day on Tuesday in support of the six lawyers, who were arrested on June 18 after they went on a fast demanding the use of Tamil in the High Court.

Only a small group of lawyers attended the court proceedings besides the government counsel. A.K. Ramasamy, secretary of Madurai Bar Association, appeared in plainclothes as a party-in-person to argue a public interest litigation petition filed by him to provide adequate medical treatment for the six lawyers. Initially, he pleaded in Tamil before a Division Bench, comprising Justice K. Suguna and Justice C.S. Karnan, seeking permission to move the PIL on the same day considering the urgency in the matter. The judges, who also spoke in Tamil, conceded his request and said the matter would be heard by the Bench comprising Justice M. Chockalingam and Justice M. Duraiswamy.

When the matter came up before the other Bench, Mr. Ramasamy argued the case entirely in Tamil but for two English words: ‘prayer' and ‘para' (paragraph). However, Mr. Justice Chockalingam stuck to English. When the lawyer thanked the Bench at the end of the arguments, the judge, in a lighter vein, asked: “What for ‘nandri' (thanks)? You are doing your duty and we are doing our duty.”

P. Rajendran, a government advocate, too began his arguments in Tamil before Justice R. Mala, who was hearing bail and anticipatory bail petitions. However, he switched over to English later.

In Chennai, a lawyer's request to the first Bench of the Madras High Court on Tuesday to speak in Tamil was given a patient hearing by the Judges.

Advocate Ramesh, whose case was listed to be taken up on Tuesday, appealed that his petition be speeded up. He had challenged a State government order, which said that MA degree obtained from an open university would not be considered for appointment to government service.

After the advocate sought permission from the Bench comprising Chief Justice M.Y.Eqbal and Justice D.Murugesan, he presented the facts of the case in Tamil. The second Judge on the Bench translated the advocate's request for the benefit of Justice Eqbal.

The Bench then said that the petition would be taken up next week.

© Copyright 2000 - 2009 The Hindu

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AIADMK MPs seek President's nod for Tamil as court language

J. VENKATESAN

AIADMK and MDMK MPs briefing the media outside the Rashtrapati Bhavan after submitting a memorandum to President Pratibha Patil, in New Delhi on Monday. Photo: V. Sudershan
The Hindu Photo: AIADMK and MDMK MPs briefing the media outside the Rashtrapati Bhavan after submitting a memorandum to President Pratibha Patil, in New Delhi on Monday. Photo: V.Sudershan

Opposition parties in Tamil Nadu, led by the AIADMK, on Monday urged President Pratibha Patil to give her consent for the use of Tamil as the official court language in the Madras High Court before attending the World Classical Tamil Conference in Coimbatore on June 23.

A delegation of AIADMK Members of Parliament met the President and submitted a joint letter written by party general secretary Jayalalithaa, MDMK general secretary Vaiko and Tamil Nadu State CPI secretary T. Pandian, drawing her attention to the fact that the proposal was pending consideration for over three years.

The delegation comprised of M. Thambidurai, V. Maitreyan, K. Malaisamy, S. Semmalai, N. Balaganga, P. Venugopal, M. Anandan, S. Anbalagan, N.R. Govindarajar, A. Elavarasaran, K. Sugumar, P. Kumar and A. Ganeshamurthi. Three MPs – O.S. Manian, C. Rajendran and C. Sivasami – could not join the delegation as they were participating in the party's demonstration in various places.

Mr. Maitreyan told The Hindu that the President assured the delegation that she would forward the representation to the authorities concerned for appropriate action.

The Joint letter pointed out that the Tamil Nadu Assembly had passed a resolution as early as on December 6, 2006 for the introduction of Tamil as the court language. Thereafter, the proposal was sent to the Centre, which, on February 27, 2007, stated that it was not proper to introduce regional language in the orders, decrees and other proceedings in the court."

It said that under Article 348 (2) of the Constitution, the Governor of a State, with the previous consent of the President, may authorise the use of Hindi or any other language in the proceedings in the High Court having its principal seat in that State.

Similarly, Section 7 of the Official Languages Act authorises the use of Hindi or the official language of the State, in addition to English language for the purpose of any judgment, decree or order passed by the High Court of the State.

It said "four States of Bihar, Uttar Pradesh, Madhya Pradesh and Rajasthan use their respective official languages in their High Courts. With such a strong case, the Tamil Nadu government has not bothered to present the case for Tamil as a language of the High Court," and appealed to the President to give her consent for the use of Tamil as the court language in the Madras High Court.

Constitutional mandate

Senior Supreme Court advocate Pandit Parmanand Katara in a statement said that while Hindi was being used in four High Courts, the denial of the same to lawyers in Tamil Nadu violated Articles 14 and 19 (1) (g) of the Constitution.

He was of the view that it was a constitutional mandate of Article 350 A of the Constitution to promote mother tongue at the primary stage and it would be a myth to say that the "doors of the court are open to all."

He said, "The doors of the court are open only to those who know English language or those who have enough money to engage an English-speaking lawyer to fight their cause." He wanted the President to give consent for making Tamil the court language in the Madras High Court.

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