English language in India
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Court rulings
Lower courts' English rulings not illegal: HC
The Times of India, Jan 29 2016
Merely because a subordinate court delivers its verdict in English, the order cannot be declared as illegal, said Madras HC rejecting the argument that judgments delivered in English, which is not known to the accused, would be void ab initio. “We cannot hold that just because the judicial officer has translated her thought process into English and written the judgment, her entire judgment is void and the detention of the prisoners is illegal,“ ruled a division bench comprising Justice R Sudhakar and Justice P N Prakash.
The case relates to a habeas corpus plea filed on behalf of 17 persons involved in three distinct cases of murder, conspiracy and unlawful assembly in Tiruvallur.It claimed that the sessions court had on December 21, 2015 found them guilty and sentenced them to varying degree of imprisonment. Calling their imprisonment `illegal confinement', their counsel argued that the first additional district and sessions judge also failed to sign on every page of the verdict as required by law.
The division bench, however, dismissed the petition.
On the language issue, the judges pointed out that the trial judge had conducted a full-fledged trial in Tamil and the accused were informed they were being convicted, and were questioned on the sentence. The order was passed thereafter.
