HARINARAYANAN PUNAMCHAND VYAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant. The applicant is an accused who is being prosecuted before the Sessions Court. An application was made by the applicant before the Sessions Court vpointing out that the charge-sheet is in Marathi language which is not known both to him and to his lawyer. Therefore, a direction was sought from the Sessions Court to provide English translation of the charge-sheet. The said application has been rejected by the impugned order.

(2.) The learned counsel for the applicant has placed reliance on the decision of this Court in the case of Harmindersingh Pritamsingh Virdi vs. State of Maharashtra and others, 1990 MhLJ 721. He invited my attention to the said decision and pointed out that this Court has held that the language of the criminal Courts in Greater Bombay is English and therefore, a request made by the accused for supply of English translation of the investigating papers was granted by this Court. He submitted that on the basis of the subsequent notification issued by the State Government on 21st July, 1998, the learned Sessions Judge could not have rejected the prayer of the applicant. He submitted that by issuing a notification the State Government cannot override the said decision of this Court. He submitted that in view of the binding precedent in the form of aforesaid decision of this Court, the learned Judge ought to have allowed this application.

(3.) I have carefully considered the submissions. It will be necessary to refer to section 272 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code of 1973). Section 272 provides that it is for the State Government to decide for the purpose of the said Code of 1973 as to what should be the language of each Court other than the High Court. Perusal of the decision of this Court in the case of Harmindersingh Pritamsingh Virdi (supra) shows that this Court considered the effect of notifications issued on 14th August, 1948 and 14th July, 1969 which were issued in exercise of power under section 558 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the said Code of 1898). By the said notification dated 14th July, 1969, the State Government superseded all its earlier notifications and declared that with effect from 1st May, 1966, Marathi language shall be the language of all the Courts in the State of Maharashtra other than the High Court and the Criminal Courts in Greater Bombay. Paragraph 4 of the decision of this Court reads thus :