Ensure recording deposition of witnesses in Assamese: Lawyers’ Association

Staff Reporter

GUWAHATI: 'Lost in translation' signifies a misunderstanding or misinterpretation that occurs when translating information, especially between languages (a source language and a target English) or formats. It highlights the fact that certain nuances, humour, or cultural contexts can be lost when transferring information from one medium to another.

This is the issue that a delegation of the AALA (All Assam Lawyers' Association) discussed with the acting Chief Justice of the Gauhati High Court, Justice L Jamir. The AALA made it a point before the acting Chief Justice that the subordinate courts in Assam take the pain of translating Assamese statements (depositions) of witnesses into English. In the process, certain nuances, humour, or cultural contexts of the witness are lost. Taking that into serious consideration, the AALA raised the demand that 'in compliance with the clear provisions of law, the deposition of each witness should be recorded in the Assamese language when deposed in that language since Assamese is a recognized language of the court. The practice of such translation into English regarding the evidence of witnesses deposed in the Assamese language needs to be stopped at the earliest for the greater interest of the litigant public and for establishing a sound judicial system.'

The AALA further said that 'in case of such undesirable translations, the actual meaning of the words stated by the witness does remain the same, thereby causing an effect on the merit of a case.'

AALA general secretary Dipak Kumar Das said, "In other states of India, the relevant provisions of Order XVIII of CPC and 312 of the Bharatiya Nagarik Suraksha Sanhita 2023 regarding recording evidence in the language of the court are being followed. Since English and Assamese are the court languages of Assam, the recording of evidence of witnesses deposed in Assamese should be translated into English."

The AALA said that district and sub-divisional courts in Assam, in the course of examination of witnesses during the hearing of civil suits as well as criminal proceedings, do not record the evidence of witnesses in Assamese when deposed in the Assamese language. AALA said that when any witness desires to depose in English, only in that case, with the consent of all parties and their pleaders in the suit/case, the deposition can be recorded in English.

The acting Chief Justice assured the AALA of looking into the matter for the greater interest of the justice delivery system.

The AALA delegation, led by its president Sailendra Das, comprises working president Manas Sarania, general secretary Dipak Kumar Das, senior-most advocate Bijan Mahajan, and others.

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