VINAYAK HARI KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE 2 provides that any application made before the Court should be in English and any documents which are not in English, typed copies of such documents in English translation shall be filed before the Court. However, this Rule has a proviso which provides that "Provided that such translations would not be necessary if the documents are in Marathi and if the party or the Advocate undertakes that English translations would be supplied whenever an order in that respect is made by the Court in a particular proceeding." It appears that this proviso was not a part of the Rule but was added by a Notification in the year 1986. This proviso is the subject-matter of controversy. A Learned Division Bench of this Court held this proviso to be unconstitutional whereas another Learned Division Bench has not agreed with the views of the said Bench. We have perused the orders of both the Learned Division Benches and we feel that since one Bench did not agree with the other Bench, a reference was made to Full Bench and as a result the matters have come before this Bench. Since no question has been framed in the order of reference and, therefore, we frame the following question: