Marumalarchi Dravida Munnetra Kazhagam (MDMK) general secretary Vaiko’s Tamil signature in an English affidavit filed by him in the Madras High Court Bench here on Thursday raised a pertinent question: How can the High Court Registry mechanically presume that every litigant who signs in Tamil would not know to read, write or understand English?
Interestingly, it was not Mr. Vaiko but Assistant Solicitor General G.R. Swaminathan who raised the issue before a Division Bench of Justices S. Tamilvanan and V.S. Ravi during the hearing of a public interest litigation petition filed by the former Member of Parliament against the establishment of India-based Neutrino Observatory under Bodi West Hills in Theni district.
The ASG pointed out to the court that Mr. Vaiko had signed in Tamil at the end of his 15-page affidavit and his party lawyer P. Subbaraj had attested the document with the statement: “Solemnly affirmed… that the contents of this affidavit have been truly and audibly read over to the deponent in English he being unacquainted with English who appeared perfectly to have understood the same.”
Stating that such attestation with a wrong statement that Mr. Vaiko was “unacquainted with English” had been made at the instance of the High Court Registry which mechanically insists on following such procedure with respect to every litigant who signs in Tamil, the ASG said: “Just because a person prefers to sign in Tamil need not necessarily mean that he is not proficient in English.”
Agreeing with him, Mr. Justice Tamilvanan said that he would instruct the registry not to insist on such attestations from every other litigant. However, Mr. Justice Ravi pointed out that the Centre insists even those who had been selected for the post of High Court judge to sign in Hindi in a particular document. “Otherwise, the President will not issue the warrant of appointment,” he added.
Mr. Justice Tamilvanan said: “I don’t know the logic behind it but signature can be only one. It cannot vary depending upon the language. Even a scholar in English might sign in Tamil.”
