Karnataka High Court Becomes First HC To Hear Arguments Of Speech & Hearing-Impaired Advocate Through Sign Language Interpreter

Mustafa Plumber

8 April 2024 12:12 PM GMT

  • Karnataka High Court Becomes First HC To Hear Arguments Of Speech & Hearing-Impaired Advocate Through Sign Language Interpreter

    The Karnataka High Court made history on Monday by hearing submissions advanced by a speech and hearing-impaired advocate Sarah Sunny through a Certified sign language interpreter.A single judge bench of Justice M Nagaprasanna recorded appreciation for the advocate and said that the "Counsel for the petitioner's wife, Sarah Sunny had made elaborate submissions, through a sign language...

    The Karnataka High Court made history on Monday by hearing submissions advanced by a speech and hearing-impaired advocate Sarah Sunny through a Certified sign language interpreter.

    A single judge bench of Justice M Nagaprasanna recorded appreciation for the advocate and said that the "Counsel for the petitioner's wife, Sarah Sunny had made elaborate submissions, through a sign language interpreter and the submission made by Sarah Sunny needs to be appreciated and the appreciation is placed on record though it is through the sign language interpreter."

    Additional Solicitor General Arvind Kamath also lauded the effort of the court by saying that by allowing Sara to make her submission, the Court had made history.

    "Karnataka High Court will go down in history as the first high court to have heard a hearing and speech advocate through an interpreter. I understand that she (Adv Sara) has appeared before the Chief Justice of India, but in terms of the high court this will be the first,” the ASG said.

    The court had on April 4, directed its Registry to secure the services of a Certified interpreter through the Ministry of Information and Technology to assist Advocate Sarah.

    Background

    Advocate Sara is representing the complainant who had lodged an offence under sections 498(A), 504, 506 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act against her husband, against whom a lookout circular had been issued.

    The accused husband approached the court seeking quashing of the case and an interim order of stay of the lookout circular. It was claimed that he is an employee of Blackrock, Edinburgh Branch, Scotland and he would lose his employment, if he would not return to Scotland. He further submitted that he was only an Overseas Citizen of India card holder and holds citizenship of the United Kingdom.

    The wife has prayed for the arrest of the husband who left India based on an order passed by the Magistrate court which permitted him to travel on the basis of an application filed seeking revocation of LOC and produce him before the jurisdictional magistrate.

    Further direction is sought on the Union of India to issue detailed guidelines regarding the procedure to be followed when a person against whom a look-out circular is being issued, arrives in the territory of India.

    The court also took on record an application filed by the Union calling in question the order which recalls the look-out circular issued against the husband has placed this memorandum of facts on the ground that the LOC circular is an executive order and all the magistrates of the state are time and against passing such orders quashing, LOC or recalling LOC and permitting travel.

    ASG submitted that this has led to a chaotic situation where executive orders are being entertained by magistrates where Bureau of Immigration nor the originator of the executive order are made parties, the state public prosecutor is heard and orders are passed. Therefore application is taken on record.

    The court granted time to the counsel for the petitioner's husband to file its objection to the application.

    Further, the court directed that if the investigation is not complete in the garb of investigation shall not take any coercive steps against the father-in-law and mother-in-law of the wife who have been named in the complaint and before the court. However, they were directed to cooperate with the investigation, if the investigation is not complete. 

    Accordingly, it posted the matter for further hearing on April 19th.

    Appearance: Advocate Ravindranath K, Advocate Sarah Sunny for Petitioners.

    ASG Arvind Kamath a/w DSG Shanthi Bhushan H for Respondents.

    Case No: WP 6227/2024 c/w WP 5800/2024.

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