Gujarat High Court junks PIL for use of Gujarati in courts

The Gujarat High Court on Wednesday dismissed a Public Interest Litigation (PIL) petition seeking use of Gujarati in courts across the State [Vikashkumar Solanki v. Registrar General and Anr]..A bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi reasoned that the Court had dismissed a similar petition last year and the High Court decision had been upheld by the Supreme Court. The petitioner Vikashkumar Solanki, who appeared in person, argued that the grounds raised in his PIL differed from the one decided earlier.However, the Court did not agree and explained that when a petition pertaining to a certain cause of action is dismissed by a court, then another petition raising the same cause cannot be filed..When Solanki, who was arguing in Hindi, submitted that it was an issue involving fundamental rights, Justice Agarwal said,"Fundamental right ki baat nai hai yahan par. Language bolna fundamental right hai, apni language ko protect karna fundamental right hai but institution main language ka istimal hona fundamental right nai hai (It is not about fundamental rights here. There is fundamental right to speak a language or protect one's language but there is no fundamental right for use of a particular language in an institution)."The Court added that it was not necessary to discuss the issue any further as the PIL regarding it had already been dismissed. However, Solanki insisted that he be heard but the Court refused..On the Court's query about whether he was aware of the dismissal of the earlier PIL, Solanki responded affirmatively and said he had referred to it in his PIL as well.However, the order which Solanki had attached to the PIL was not the same. Instead, it was an order in which the Court had dismissed Solanki's earlier plea as he had failed to remove the objections..The Court then dismissed the present petition as well."This is the second writ petition filed for the same relief. The first writ petition filed in the nature of PIL by the present petitioner herein has been dismissed vide order dated 27.02.2023, whereby in the absence of the petitioner namely party-in-person, two weeks and no more time was granted to the petitioner to remove the office objection, failing which the matter would be dismissed for want of prosecution without reference to the court," it noted.The Court added that Solanki had not removed the office objection within the time given."The present writ petition being the second writ petition having been filed for the same cause of action cannot be entertained and hence [is] dismissed," the Court ordered..The High Court in August 2023 had rejected a petition seeking the use of Gujarati language in courts in the State. A bench of Justice Agarwal and Justice Aniruddha Mayee had termed the PIL as "wholly misconceived".In November 2023, the Supreme Court upheld the decision..Solanki appeared as party-in-person..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.