Karnataka High Court delivers judgement in Kannada

Team Udayavani, Dec 13, 2024, 11:32 AM IST

In a unique move, the Karnataka High Court delivered a judgment in Kannada, stepping away from the usual practice of using English.

According to a report in Bar and Bench, a Division Bench comprising Justices Krishna S Dixit and CM Joshi pronounced their order in both English and Kannada in a case involving the probate of a will (Nanjavudootha Swamiji v. S Linganna).

According to the report, Justice Dixit emphasized the importance of promoting the regional language, stating, “If Kannada is to survive, it must be given its due recognition. We want to set a new trend.”

Justice Joshi echoed this sentiment, highlighting the need for accessibility in judicial proceedings. He explained that while English is the dominant language for court judgments, it often alienates the common man. “How will ordinary people understand if judgments are only in English? In England, legal proceedings were conducted in Latin until 1730. They shifted to English so that it would be accessible to everyone,” he remarked.

The Bench also pointed out that Article 348(1)(a) of the Constitution mandates English for High Court and Supreme Court proceedings, but it does not restrict the use of regional languages. With the consent of the Governor and Chief Justice, regional languages can also be incorporated, they said.

The judges took inspiration from the works of poet Rabindranath Tagore, who wrote in both Bengali and English. They clarified that their Kannada judgment was not a mere translation but an original work.

The courtroom audience appreciated the effort, with advocates expressing hope that more judges would follow suit. They felt this step would bridge the gap between the judiciary and the general public.

Justice Dixit humbly concluded, “We have done our part. Others may follow if they wish.”

Interestingly, this was not the first instance of a Kannada judgment in the High Court. Back in 2008, Justice Arali Nagaraj had delivered a verdict in the regional language, an act that was publicly commended by then Chief Minister BS Yediyurappa in 2010.