Bar Council Of India Should Obtain English Translation Of Documents In Disciplinary Proceedings : Supreme Court

The Supreme Court recently held that the Rules framed by the Bar Council of India regarding Disciplinary Proceedings, require the Bar Council to call for the English translation of documents which are not in English.

In this context, a bench of Justice Abhay S Oka and Justice Pankaj Mithal, said that since Disciplinary Committee deals with the issue of misconduct of a member of the Bar, it is essential to have transparency in the proceedings. Sub-Rule 3 of Rule 17 read with sub-Rule 2 of Rule 9 of the Rules regarding Disciplinary Proceedings framed by the BCI requires translation of documents in English, the court highlighted.

The Court was dealing with an appeal, in which certain documents on the record, including the cross-examination of the witnesses was in Tamil Language. The members of the Disciplinary Committee were not conversant with Tamil and used Google Lens for translation.

The Top Court noted that though under the Rules, it is the responsibility of the Disciplinary Committee to procure translations of such documents, even parties can get the documents translated since various translation software and Artificial Intelligence tools are available now. The Court said that this could help reduce the delay in the disciplinary proceedings.

“The disciplinary proceedings are always against a member of the Bar. The concerned member of the Bar will be always anxious to ensure that the proceedings are terminated at the earliest. Therefore, it will be always open for the Disciplinary Committee to suggest to the members of the Bar to produce English translation of the relevant documents which are not in English. This will obviate the delay in disposal of the disciplinary proceedings” the Court said.

The Apex Court directed the Disciplinary Committee to consider the complaint afresh in accordance with law as expeditiously as possible.

Case Title: J. JOHNSON V. S. SELVARAJ, CIVIL APPEAL NO.4855 OF 2023

Citation : 2023 LiveLaw (SC) 979

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