SCAORA Seeks Establishment of Reliable Translation Services to Improve Efficiency in Legal Proceedings in SC

(By Syed Ali Taher Abedi)

The President of the Supreme Court Advocates-on-Record Association (SCAORA), Mr. Vipin Nair today addressed a letter to Chief Justice of Inda Justice Sanjive Khanna informing him the significant challenges faced by SCAORA members in obtaining accurate and reliable translations of annexures and supporting documents required to be submitted before the Hon’ble Court. This issue has been a frequent concern and deserves urgent attention, as it hampers the efficiency of legal proceedings.

Vipin Nair submitted a letter to the Chief Justice of India (CJI) proposing the re-establishment of an official pool of translators within the Supreme Court, similar to the practice followed in the past.

The letter is considered a response to yesterday’s hearing before the bench, which included Justice JK Maheshwari and Justice Arvind Kumar. During the proceedings, the court expressed strong criticism regarding the incorrect and mistranslated documents submitted before it.

The SCAORA expressed its concern regarding the challenges faced by Advocates-on-Record (AORs) in obtaining translations from external sources, noting that these services are not only costly but also prone to errors.

The letter further mentions that it has come to our notice that translating documents from various vernacular languages into English, as mandated for Supreme Court proceedings, is fraught with substantial difficulties. Many advocates find themselves compelled to seek translations from external sources, leading to increased costs and, unfortunately, errors or inconsistencies that adversely affect the quality and credibility of submissions before this Hon’ble Court.

Given these challenges, we humbly request Your Lordship’s kind consideration in re-establishing an official pool of certified translators within the Supreme Court premises, as was the practice earlier. This initiative would offer several benefits, which we outline below:

1. Recognized Source: Advocates-on-Record would have access to certified translators who are familiar with legal terminologies, ensuring accuracy and reliability in translations.
2. Fixed Pricing: A uniform and standardized fee structure for translation services would make them affordable and prevent instances of overcharging.
3. Convenience: Having translation services within the Supreme Court premises would facilitate prompt and efficient translations, thereby expediting filings and reducing procedural delays.
4. Consistency and Quality Assurance: Translations provided through this official pool would be legally sound, consistent, and admissible before this Hon’ble Court, ensuring the highest standards of quality.

We firmly believe that this initiative aligns with the provisions of Order VII Rules 2-4 of the Supreme Court Rules, 2013, and will significantly enhance the efficiency of legal proceedings. This initiative would benefit both the Bar and the Bench, contributing to the smooth functioning of the judicial process.

Furthermore, we respectfully request that Your Lordship consider granting Advocates-on-Record access to the software used by the Hon’ble Supreme Court to translate judgments from vernacular languages. This access could be facilitated through an AOR code or password issued similarly to the e-filing portal. Such access would not only maintain the quality of translations in line with the Court’s standards but also help reduce litigation costs, making justice more accessible to all.

In addition, we propose that the Hon’ble Supreme Court issue directions to all High Courts, mandating that vernacular documents, particularly in criminal matters such as FIRs, charge sheets, and trial court orders, be made available in English before final arguments take place. Alternatively, we suggest that respective State governments be directed to establish official translators in every district court to translate all vernacular documents and pleadings at the first stage of litigation. This facility could be made available to litigants at a nominal cost, similar to certified copies. Such a measure would significantly reduce the need for translations at the Supreme Court stage and streamline the legal process.

We respectfully urge Your Lordship to consider this proposal and take the necessary steps toward its implementation. The Supreme Court Advocates-on-Record Association assures its full cooperation in any manner deemed necessary to realize this objective.