Having reiterated it thrice over, the Supreme Court has once again issued directions that all original record of matters placed before it shall be translated in the English language.
In a circular issued on Wednesday, the Supreme Court once again reiterated that “The branches on the judicial side while requisitioning the record shall communicate to the court appealed from and/or courts below to transmit entire original record in respect of Civil and criminal cases duly translated in the English language…”
“Further, before placing the matter under Order V Rule 1(30) of the Supreme Court Rules, 2013 for pre-final hearing the office report shall indicate the factum of receipt of entire original record duly translated in English language,” said the circular.
It is to be noted that as recently as on November 20, the apex court had in case titled Hari Om alias Hero versus State of Uttar Pradesh directed the registry of all high courts to comply with the directions issued by it way back in year 2010 in Pehtu Kanwar & Ors vs State of Bihar (now Jharkhand) in letter and spirit and to transmit the entire lower court record in English language.
In Pehtu Kanwar, the Supreme Court had said, “It is not understood as to why the high court while sending the original records do not send the deposition after proper translation. It is therefore, ordered that in future, all criminal appeals wherever translation is required to be done into English, the same shall be done at the Registry of the respective high courts before sending the original record to this court.”
Besides the directions of the court in various cases, Order XIX Rule 8(ii) of the Supreme Court Rules, 2013, mandates that the Registrar of the court appealed from shall transmit the original records of the case, upon being requisitioned, in English language and if the same or any part thereof is not in English language, the same be translated before being transmitted to the apex court.
Read the Circular Here