The Supreme Court of India has emphasized the importance of transparency in disciplinary proceedings conducted by the Bar Council of India (BCI), stating that the BCI must ensure the English translation of documents not originally in English. This directive aims to facilitate clearer understanding and efficiency in handling cases of professional misconduct among members of the Bar.
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The bench, comprising Justice Abhay S Oka and Justice Pankaj Mithal, highlighted the necessity of this practice in the context of disciplinary proceedings. They pointed out that Sub-Rule 3 of Rule 17, read with Sub-Rule 2 of Rule 9 of the Rules regarding Disciplinary Proceedings framed by the BCI, mandates the translation of documents into English.
This ruling came while the Court was dealing with an appeal involving documents, including the cross-examination of witnesses, in the Tamil language. The members of the Disciplinary Committee, not being conversant in Tamil, had resorted to using Google Lens for translation. The Supreme Court noted that while it is the responsibility of the Disciplinary Committee to procure translations of such documents, parties can also get the documents translated using various translation software and Artificial Intelligence tools available today. This approach could significantly reduce delays in disciplinary proceedings.
“The disciplinary proceedings are always against a member of the Bar. The concerned member of the Bar will be always anxious to ensure that the proceedings are terminated at the earliest. Therefore, it will be always open for the Disciplinary Committee to suggest to the members of the Bar to produce English translation of the relevant documents which are not in English. This will obviate the delay in disposal of the disciplinary proceedings,”
the Court stated.
The Apex Court directed the Disciplinary Committee to reconsider the complaint afresh in accordance with the law and to do so as expeditiously as possible.
Case Title: J. Johnson v. S. Selvaraj, Civil Appeal No.4855 of 2023
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