KRISHNA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India prays for the issuance of a writ of habeas corpus for release of the petitioner from judicial custody and to declare the detention order dated 16th April, 2015 as invalid in proceedings arising out of the Bihar Electricity Act, 2003 in a matter relating to theft of electricity. The writ petition is drafted in Hindi Devnagari Script which issue stands referred herein to be resolved by a Full Bench.

(2.) The communicative language in Courts for navigating facts and law right from the common man upto the highest echelons involved in litigation and the concern for promotion of Hindi language in Courts is the vibrant issue that has been raised before us in the context of a Constitutional interpretation of the Notification promulgated by the State of Bihar wayback in the year 1972. The common use of communicative language and its barriers are dispelled when an ordinary citizen travels from north to south by road or by train and reaches his destiny comfortably. There is an assimilation of the common communicative language of different regions in a way that makes it easy for a common man to complete his pilgrimage of this vast nation either as a devout follower or as a traveller or a professional adventurer. This unique blending of communication in this vast country in all directions therefore has promoted a commonality of communicative skills.

(3.) In today's specialized professional world the legal professionals and the litigants expect that their concerns are transported and transmitted through effective ideas and expressions before a Court of law in a language that fulfils the duality of communication and clarity of understanding. The brilliance of any human expression emanates from the spark that is ignited by ideas, whatever be the language employed to communicate the same. This freedom of expression in the language of one's choice is engrained in the Constitution. The concern about the growth, adaptation and convenient use of the Hindi Devnagari Script in the High Court is being canvassed that we have been called upon to delve into in the light of the constitutional provisions and the Rules of the High Court in this regard.