STATE OF GUJARAT Vs. PATEL JAYANTIBHAI CHATURBHAI

JUDGEMENT

(1.) ,

(2.) WHEN we were called to consider whether this appeal requires admission or not, we have not been able to take up as one of us (N. N. Mathur, J.) who is from Rajasthan. having the difficulty of going through the judgment which is in Gujarati, the same could not be taken up. In fact, on today's Board, there are several such matters which shall have to be adjourned on the solitary ground that the copy of the impugned judgment and order runs into Gujarati which is proved to be a manifest handicap for this Bench to consider. Having come across this patent difficulty of the language we would be simply failing in our duty, as the constitutional functionary, if we do not make certain pertinent observations which are absolutely necessary to facilitate the learned transferee Judge to cope up with the situation like the present one in deciding the matters. Bearing in mind the promise of ''speedy justice" enshrined in Art. 21 of the Constitution of India, we indeed shall have to be careful in seeing to it that quite healthy and happy inspiring policy of transfer of Judges from one High Court to another inadvertently even does not come in the way and frustrate the same to the prejudice of the economically poor litigants. The urgent necessity of providing translation of documents, deposition of the witnesses and the judgments in Gujarati language into English which is an accepted official language of the High Court can never be underestimated. We indeed cannot ignore the fact that (i) majority of the litigants before the High Court are poor persons or persons coming from the middle-class families, (ii) the translation of documents, evidence, judgments, etc., is certainly a time and money consuming factor, more particularly, when there is a dearth of adequate number of good translators. The translation charges per page, as we are informed at the Bar, ranges from Rs. 15.00 to Rs. 20.00. Thus, the translation of the impugned judgment and order of the lower Courts, etc., would not only be an additional burden on the litigants of the State but its prayer for immediate justice to that extent will also be delayed and in a given case may even shut the doors of Justice for ever . This situation can as well be visualized where the learned transferee Judge sitting as single Judge, the condition could still be further worsened as the hearing in that case can come to stand-still in absence of translated version. This situation is simply unthinkable. Cheap and expeditious justice is the policy declared day in and day out by the State Government and rightly so bearing in mind the spirit of Art. 21 of the Constitution. Now. at the cost of repetition, it may be stated that the happy and healthy laudable policy of transfer of learned Judges from one High Court to another may indirectly and/or inadvertantly victimise the poor litigants' fundamental right guaranteed under Art. 21 of the Constitution and in that view of the matter, the State Government which is custodian of the interest, move particularly, of the poor litigants shall have to adopt itself to the transfer policy by seeing that the Courts' proceedings are not held up for want of translation and the litigants are not denied cheap and expeditious justice on the ground of langauge problem alone by seeing that right from the grass-root level that is to say from the trial Court, both Civil and Criminal matters, evidence, relevant documents and judgments are also translated into English. We honestly believe that when the State is required to think, decide and do anything pursuant thereto, the common man of the country and his right under the Constitution should be the only and foremost consideration. If this is not done, it will create very many problems both for the administration of justice and the litigants approaching this institution for getting justice. In this view of the matter, we direct the State Government to facilitate all the Courts of the State with necessary facilities of translating the entire records into English version. We are quite conscious of the fact that to direct the State Government is one thing and to implement the same by the State involves very many problems but at the sametime, vis-a-vis the problem of the State Government on the one hand and the administration of justice and the poor litigants on the other, the problems of the later stands on little higher pedestal, to be given top most priority. In this view of the, matter, it is highly desirable that the State Government gives its utmost consideration to the concern felt by this Bench on warfootings for the maximum good of the maximum people at the earliest. We also direct the Registry to place this order before the Hon'ble Chief Justice, voicing the serious concern of this Bench, for appropriate action as envisaged in Sec. 283 of Code of Criminal Procedure, 1973.