Litigant allowed to depose in Tamil as she doesn't know Hindi
The Bombay High Court has allowed a litigant to depose in Tamil during recording of evidence in a court as she understands only that language and was not conversant with Hindi.
The court also ordered appointment of an interpreter to offer help to the litigant while deposing in Tamil. Hearing an application filed by Koothayee Adimulam Harijan, a complainant in a case, Justice RP Sondurbaldota Wednesday set aside a lower court order of February 28, 2013, which had rejected the applicant's plea for deposing in Tamil and seeking permission to appoint an interpreter.
The sessions court in suburban Dindoshi should have allowed the application of the applicant and appointed an interpreter knowing Tamil language, said the High Court judge.
When the trial in sessions court in this case was about to start, the complainant filed an application pleading that her evidence be recorded through an interpreter since she knows only Tamil.
She said she was not familiar and comfortable with Hindi language. The application was opposed by the accused contending that the applicant had appeared before other courts, like family court in suburban Bandra and Metropolitan Magistrate in suburban Borivali, and in those proceedings she had communicated in Hindi language.
The sessions court accepted the contention of the accused and refused to allow the complainant to depose in Tamil while rejecting her plea for an interpreter.
Being aggrieved, she moved the High Court challenging the order. The sessions court also took note of the fact that the applicant was residing in Mumbai since last 23 years and it was highly improbable that she does not know Hindi.
The court also noted that the applicant had communicated with Malvani police station by issuing a letter in Hindi language.