Farhad Uddin Ahmed Bhuiyan :
It is admittedly true enough that the influence of English Language in legal profession has got its limit crossed throughout the centuries in Bangladesh and other countries of the world. In point blank, some one may feel irritating with the excuse that English Language should not be given priority as much as the mother tongue of them. May be it is their desire and demand but in real sense no telling to say that English Language has over powered the other Languages in respect of legal area. Reasons behind this is nothing but transparent to us like as broad day light. Criticism for and against the uses of this language in Law & Legal arena has been getting place in every sipping of the tea cup particularly in our country. It is my earnest pleasure to jot down for what reasons English Language has been taken into consideration as the most convenient language in legal profession. Almost books and journals, related Laws and precedents are in the form of English Language. In Bangladesh except Lower Judiciary; English Language is used and highly appreciated in the Apex court. Law interpretation, Legal research, drafting, submission, order and Judgment writing are without hesitation, being dealt with English Language. Now & then, it wears the befitting manner while submitting before the court in English. Interestingly, some people, having limitless emotion & spirit to Bengali language show their logic & standing against the uses of English Language in the court & its activities. A good number of person involved with the legal arena may have latches on English Language; it is not worse at all as it is not their mother tongue. But the thing is that why we find and look for the door of fleeing away instead of learning English Language. My logic is that why not we take step to learn English? Is it possible to change all the offices or institutes English language into Bengali? For example, in Bangladesh if in all courts Bengali is introduced, then is there any chance to change the publication language of all the books, Journals, Reference, Decisions and others from English Language to Bengali? I think logic & argument centering this issue may get well placed in the mind of most of the thoughtful people of Bangladesh. However, we should always discourage to raise fragile and shaky logic in respect of English language uses in legal profession.
I feel like to put here some logical grounds as to why English Language can be used in legal arena to follow the footprint of the beacon light & lodestar like professional in this arena around the Globe. Firstly, to be able to cope up with the updated legal research and knowledge transaction through out the world, English language is assumed as one of the influential and popular language to its users. Next to this, I must unfold here another point that is most of Legal terminologies are too difficult to express and explain exactly in other Language except English. More so, it would be worth stating that almost Judges feel at home to pronounce Judgment, verdict and order in English as they have been used to doing & learning the same since long ago as a convention. Beside this, understand it would not be baseless if I say like this that we should not choose the back door rather we need to learn how to squeeze and twist the extract of English language while using. For example, a new born baby cannot crawl or walk just after getting birth; and fearing the possibility of falling down and/or getting injured in any way, should a baby stop crawling leading to walking is the question to the counterparts who are sounding the voice against the uses of English language in legal fraternity. We need to stand up resting on our own backbone that means talency. We cannot put us into hole rather its time to show up the world in which way we do ensure Justice and human rights through our Judicial system, which is possible if we do not ignore English language uses in legal arena. For obvious reason. I have utmost respect and gratitude to our language martyrs, veterans by dint of whom we have got our beloved mother tongue Bengali. There is no denying fact that its comfortable enough to communicate by someone's own mother tongue. I have the same degree of feelings to use my mother tongue Bangla. Virtually, if we look at most of the Supreme Courts of the world, we will get that they are using English in writing Judgment and order. My logic is that we want to keep pace with the world, we do not want to box ourselves. If we go for writing Judgment in Bengali; is it possible to let all the Lawyers and people concerned with the legal fraternity around the world to know the ratio of any decision of our apex court may raise a valid question undoubtedly. Standing for using Bengali in writing Judgment and order may be to show the value, spirit and respect to our language martyrs that I do agree; but on the contrary I have reason to refute the logic which some one may raise that our litigant people cannot and/or may not understand English language. So, the language of writing Judgment and order demands to be the same language of the litigant people.
How far it is logical I need to jot down for now. With an example, I had better walk for pointing it Engineers & Architects make design & plan for constructing my building and/or infrastructure to make their works as the best by using their utmost talency and endeavor. But in this case, if any people, without having engineering or architectural knowledge, want to know ins and out of all the engineering terms, methods & analysis up on which engineers depended to work out their assigned tasks, it will be mad cry nothing more than this.
Actually, it is not necessary to know the pros & cons of law & law points by the litigant people since they engage their advocates for such purposes. It is the responsibility of the lawyers and concerned persons with the Judiciary to know the extract and explanatory capacity of law & facts in respect of any case. Litigant people should not be desired for being grand master in law & procedures. In true sense, what I wanted to mean is that the excuse in people is not valid and acceptable. Litigant people conveys the power to the Lawyer to work on behalf of them; they are good enough to know and understand the judgment and order written in English. So, to me, it is nothing but an emotional stand against the uses of English in writing judgment & order. To down my pen, whatever the language, long cherished dream of the nation to get complete justice, is and should be the ultimate expectation from our Judiciary.
(Advocate of the Supreme Court of Bangladesh)