The use of ‘Bangla’ in the court increases

After the independence, Dhaka High Court became the Supreme Court of Bangladesh. Even though both these courts have been delivering judgments in English for ages, the lower court is no exception. Due to the complexity involved in the longstanding tradition and practice of writing judgments, it has become customary to write judgments in English. However, to respect the language martyrs and the Bengali language, many judges are now delivering judgments in Bengali as well.

In recent times, there has been a significant shift in the Supreme Court's approach by publishing judgments of many high-profile cases in Bengali, establishing a new precedent in its history. Among these judgments, the 29,000-page verdict of the Pilkhana massacre case and the verdict of the attempted assassination of Prime Minister Sheikh Hasina by planting bombs in Kotalipara, Gopalganj, stand out prominently. Legal experts argue that the initiative of writing judgments in Bengali by the judges is both encouraging and reflective. It is advisable to promote the use of the mother tongue, Bengali, even more in the Supreme Court.

On the first day of the Language Month, on February 1, two separate benches of the High Court paid homage to the language martyrs by issuing judgments and orders in Bengali. Justice Govinda Chandra Thakur of a single bench of the High Court pronounced a judgment in Bengali in a case (civil revision) on February 1. On the same day, coordinated by Justice Mostafa Zaman Islam and Justice M. Ataulullah, two benches of the High Court delivered judgments in Bengali in separate cases. When the court proceedings commenced in the morning, Justice Mostafa Zaman Islam, leading a bench of the High Court, addressed the lawyers, saying, "Today is the first day of February. Today, we will make decisions in Bengali." On the other hand, starting from the first day of February, Justice M. Enayetur Rahim of the Appellate Division began issuing orders and judgments in Bengali in the chamber court of the appellate division, marking the first time in the history of the country's judiciary's appellate division.

Since last year, the technology service has been added to show all the judgments and orders made in English of the Supreme Court in Bangla language. This initiative, implemented since February 20, 2023, enables individuals to view any judgment or order originally given in English in Bengali through the use of information technology. Several legal practitioners have commented that this incorporation of technology has introduced a new dimension in the history of Bangladesh's judiciary. According to the Supreme Court administration, notable numbers of justices from both divisions of the Supreme Court regularly issue judgments and orders in Bengali. Furthermore, since 2021, judgments and orders originally given in English have been translated into Bengali using the technology-driven initiative named "Amar Bhasha." Except for some exceptions and hearings conducted in British Law, the majority of judgments and orders in the Supreme Court are now presented in Bengali. Over time, there has been a significant increase in hearings and presentations in Bengali by lawyers in the Supreme Court. Alongside English, the usage of Bengali is also observed in various inquiries during the hearing sessions.

Former Justice M. Amirul Islam Chowdhury began issuing orders in Bengali in the High Court in the 1990s. Subsequently, several former justices, including Justice Kazi Ebadool Haque, Justice Hamidul Haque, Justice Abdul Quddus, former Chief Justice A.B.M. Khairul Haque, and Justice A.H.M. Shamsuddin Chowdhury from the appellate division, delivered several judgments in Bengali. Justice Khairul Haque annulled the Thirteenth Amendment to the Constitution, declared the proclamation of independence, preserved the historical significance of the Liberation War, and ruled on several other important cases, including the protection of four rivers, in Bengali in 2013. Currently, Justice M. Enayetur Rahim (in the appellate division) has written judgments in Bengali on the illegal declaration of Jamaat-e-Islami as a political party in 2013. During his tenure in the High Court Division, Justice M. Enayetur Rahim has also given numerous judgments and orders in Bengali. The presence of Bengali judgments is notable during the tenure of Chief Justice Obaidul Hassan and Justice Krishna Debnath (now retired) in the High Court. In the appellate division, Justice Abu Zafar Siddique provided Bengali judgments in the BDR mutiny case while Justice Jahangir Hossain Selim (currently in the appellate division) began issuing judgments and orders in Bengali in February 2020, leading the High Court bench. In the High Court Division, Justice Sheikh M. Zakir Hossain provides judgments and orders in Bengali.

Senior lawyer Yusuf Hossain Humayun Views expressed to Bangladesh, "The trend of hearing cases and delivering judgments in Bengali at the Supreme Court has increased significantly compared to before. Many tasks at the Supreme Court are now conducted in Bengali. Many judges are voluntarily giving judgments in Bengali. This is a progressive change.

It's definitely a good initiative because when judgments are given in Bengali, ordinary people can understand what the court is saying and trying to convey in its judgments." He also commented that the increased use of the mother tongue should be encouraged in the Supreme Court.

The Supreme Court's lawyer, Manzil Morshed told Views Bangladesh that, "The High Court has directives regarding enriching Bengali discussions in various sectors. There are directives, including signboards, for using Bengali in various departments of the High Court. However, this directive has not been fully implemented yet." He added, "Ensuring that the prevalent laws of the country are in Bengali will ensure the prevalence of Bengali in the judiciary."

Attorney General AM Amin Uddin told Views Bangladesh that "We have a rich and glorious history with our mother tongue Bengali. Therefore, when judgments and orders are in Bengali in the courts, it becomes easier for ordinary people to understand. The trend of delivering judgments in Bengali is increasing in the High Court. As a result, litigants feel more comfortable. Along with the judiciary, discussions should be increased to enrich Bengali in the country's education system."

He added, "Just as languages like English, Spanish, Chinese, Japanese, German, Arabic, and Hindi have significant positions globally, we can also enrich Bengali to have a more prominent place internationally."