The Supreme Court in the case J. Johnson V. S. Selvaraj observed and has held that the Rules which are framed by the Bar Council of India with regards to the Disciplinary Proceedings which requires the Bar Council to call for the English translation of documents which are not in English.
The bench comprising of Justice Abhay S Oka and Justice Pankaj Mithal in the case observed and has stated that the since Disciplinary Committee deals with the issue of misconduct of a member of the Bar, it being essential in order to have transparency in the said proceedings.
The court in the case stated that the Sub-Rule 3 of Rule 17 reading with sub-Rule 2 of Rule 9 of the Rules regarding Disciplinary Proceedings which are framed by the Br Council of India, BCI requires translation of documents in English.
In the present case, the said court was dealing with an appeal, in which certain documents on the record, which includes the cross-examination of the witnesses was in Tamil Language.
Therefore, the members of the Disciplinary Committee were not conversant with the Tamil and used Google Lens for the translation.
The Supreme Court in the case observed and has noted that that though under the Rules, it being the responsibility of the Disciplinary Committee in order to procure translations of such documents and even if the parties can get the documents translated since various translation software and Artificial Intelligence tools are being available now.
The court stated that the said court could help reduce the delay in the disciplinary proceedings.
The court while considering the facts and circumstances of the case stated that the disciplinary proceedings are always against a member of the Bar and that the concerned member of the Bar will be always anxious for ensuring that the proceedings are terminated at the earliest.
Further, the said court stated that it will be always open for the Disciplinary Committee to suggest to the members of the Bar for producing the English translation of the relevant documents which are not in English and the same will cause the delay in disposal of the disciplinary proceedings
Accordingly, the Apex Court in the case observed and has directed the Disciplinary Committee for considering the complaint afresh in accordance with law as expeditiously as possible.