Case Law Details
Krishna Yadav VS. The State Of Bihar (Patna High Court)
Conclusion: A petition under Article 226 and 227 of the Constitution of India or a tax reference can be filed in Hindi but it will have to be accompanied by an English version as well which shall be the authentic version of the petition for all legal purposes so long as the Notification dated 9th of May 1972 stands.
Held: In the present case, High Court was considering a writ for release of assessee 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 the theft of electricity. The writ petition was drafted in Hindi Devnagari Script which issue stood referred herein to be resolved by a Full Bench. It was held by Full Bench that it is necessary to provide that so long as the Notification dated 9th of May, 1972 is not modified, rescinded or substituted in any form, a petition under Article 226 and 227 of the Constitution of India or a tax reference can be filed in Hindi but it will have to be accompanied by an English version as well which shall be the authentic version of the petition for all legal purposes so long as the Notification dated 9th of May 1972 stands. While Concluding the Judgment, it was stated that, the interpretation of the notification of 1972 serves the twin purposes of pandering to the aspirations of preserving and promoting Hindi language and at the same time maintaining the exclusivity of the court language to English, for the benefit of the accessibility to an ever burgeoning case materials, case laws and research works in the area of law, which is mostly in the English language and which is necessary in the background of the diverse, multicultural and multi-linguistic country.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
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.
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