Appeal dismissed by HC for argument being in Tamil


An appeal has been filed in the Madras High Court bench here in the case filed by a woman, who claims that her husband is stranded in Mecca. A judge of the High Court bench had dismissed the case on June 10, 2013 after the advocate of the petitioner insisted on presenting the case in Tamil.

In her petition, Ayisha Banu had claimed that her husband Bakeer Maideen, from Tuticorin district, had gone to Saudi Arabia around two years ago to work in a soap manufacturing company. Mr.Maideen’s passport was retained by his employers who later sacked him. He was begging in the streets of Mecca unable to return to India, she claimed.

She had moved the court to direct the Ministry of Overseas Indian Affairs, Commissionerate of Rehabilitation and Welfare of Non-Resident Tamils and the Tuticorin Collector to ensure the safe and early return of Mr.Maideen to India.

The judge dismissed the case observing that Article 348 of the Constitution did not permit advocates to present their cases in the High Courts in languages other than English.

Mrs.Banu claimed in her appeal petition that in 2010 the Chief Justice of the Madras High Court had accepted the demand of the advocates to permit them to argue in Tamil. Dismissing a case on the grounds that an advocate represented a client’s case in Tamil was “improper and beyond legality”, she said in her petition.

The petitioner pleaded that the single judge’s order should be set aside.

A division bench comprising Justices M.Jaichandren and M.Venugopal adjourned the case till September 12.

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Printable version | May 30, 2017 3:26:20 AM |