Justice Rawal’s order was issued after he noticed that a petition before it contained documents in the vernacular with a note from the counsel saying ‘English translation will be provided as and when required by the court’
The single-judge took a dim view of this observing that the High Court Rules do not empower lawyers to attach a note like that to a petition and that the Constitution prescribes English as the language of High Courts
“There is no provision in the High Court Rules empowering the advocate in such a note in the writ petition,” the order said.
Justice Rawal, who was transferred from the Punjab and Haryana High Court in 2019, said that during the two years he has spent as a judge of the Kerala High Court, lawyers rarely file English translations of documents.
“This Court has been sitting on the writ side almost two and a half years but the practice of filing the translation of documents has not been followed and in almost 90% of the cases, documents are filed in local/vernacular language,” the single-judge said.
Therefore, the judge ordered the Registry to not accept such petitions.
“This writ petition should not have been entertained by the Registry until and unless there was a miscellaneous application filed on behalf of the advocate seeking exemption giving special and attenuating circumstances. Registry is prohibited from entertaining such writ petition with a note in the absence of any provision in the High Court Rules and Constitution of India. This order is directed to be communicated to the Registrar (Judicial) for immediate compliance,” the judgment stated.
It is, however, learnt the judge has now agreed to modify this judgment after the Kerala High Court Advocates Association made a request to him.
While the KHCAA initially considered challenging Justice Rawal’s order, it chose to approach the single-judge who then agreed to modify the the order to the effect that the registry can accept documents in vernacular without English translation, provided there is a pleading to that effect in the plea.
In another case, Justice Rawal had recently ordered the Registrar (Judicial) to not accept any statements filed by lawyers merely on the basis of instructions received from their clients, as the Code of Civil Procedure and the High Court Rules state that affidavits have to be on the basis on information traced from official record.
Source: Barandbench
