Aftab Uddin Siddiqui Ragib
When February comes, the debate over using 'Bengali language in the higher courts' is being initiated with renewed vigour. This debate is now an integral part of February discussions. It's unclear exactly why there is so much debate. While there are some limitations with regards to its application (usage of Bangla in courts), there is no ambiguity in the constitution or existing laws about it.
Article 3 of the Constitution of Bangladesh clearly declares Bengali as the state language. To enforce this, the "Bengali Language Implementation Act" was enacted on March 8, 1987. The law mandates the use of Bengali in all official functions, including documents, correspondence, legal proceedings, and official actions, in all government offices, courts, and semi-governmental institutions, except in matters related to foreign relations. This requirement applies to Supreme Court as well, since (according to Article 152 of the Constitution) the definition of “court” includes the Supreme Court and any other courts.
Additionally, the Constitution ensures fundamental human rights and guarantees justice. According to Article 35(3), the right to a public trial is a basic fundamental right of those accused of criminal offenses. How can this right be preserved if English is the sole language used in the court? For an accused person who doesn’t understand English, the difference between public and secret trial becomes negligible. Moreover, the judicial system is supposed to uphold the people's right to access justice. If language barriers prevent individuals from understanding the court's rulings or participating in the judicial process, can it still be considered a ‘public trial’?  To what extent does that actually help to uphold their fundamental rights?  
The right to a trial in a language the accused understands is also an internationally recognised human right. The United Nations’ International Covenant on Civil and Political Rights (ICCPR), in Article 14(3), states that a person must be informed of the nature and cause of the charges against them in a language they understand. If the language used in court is one the accused cannot understand, they must be provided with free assistance, such as an interpreter. While Bangladesh is a signatory to this covenant, there have been little genuine efforts to implement it.
In contrast, Malaysia’s Constitution (under Article 152) and the National Language Act of 1963 require all court proceedings, appeals, and rulings to be in the Malaysian language. Due to the use of English in court, the Court of Appeal in Malaysia dismissed an appeal filed by Anwar Ibrahim (now the Prime Minister of Malaysia) on October 10, 2009. Despite having similar provisions, Bangladesh is yet to see such a scenario in its courts. Moreover, there is little to no consequence for officials who fail to use Bengali in court.
Section 4 of the Bengali Language Implementation Act urges the government to create rules to promote the use of Bengali. Beyond constitutional or legal obligations, this effort aligns with the broader principles of state governance – to preserve and promote the nation’s cultural heritage and ensure that all citizens can contribute to and participate in the enrichment of national culture (Article 23 of the Constitution).
The role of the higher judiciary in this matter is commendable. On February 17, 2012, the High Court issued a Suo Moto rule instructing the media to avoid distorting Bengali language. In another rule issued in 2014, the High Court ordered that all advertisements in electronic media, vehicle number plates, signboards, and nameplates must be written in Bengali.
However, the use of Bengali in the courts is gradually increasing, and the judicial process is becoming more language-friendly. Although the practice of using Bengali in the Supreme Court is yet to gain momentum, the situation has started to change in the recent years. While petitions, appeals, and verdicts are still predominantly in English in the Appellate Division and High Court Division, the argumentation and discussions are increasingly conducted in Bengali. In 2012, 39 years after the High Court Rules were established and 25 years after the Bengali Language Implementation Act came into force, the High Court allowed petitions to be filed in Bengali alongside English. In February 2014, a lawyer named Yunus Ali Akand filed a writ petition demanding the widespread adoption of Bengali in all courts, and this petition was written in Bengali.
Additionally, the issuance of notices and orders in Bengali has become more common in the High Court than ever before. The main challenge in promoting Bengali in the higher courts lies in writing judgments. Former Justices Kazi Ebadul Haque, KM Fazlur Rahman, and former Chief Justice Khairul Haque earned praise for writing judgments in Bengali, but such instances are not regular or consistent, rather mostly confined to February. Justice Khairul Haque emphasised that the purpose of writing judgments in Bengali was to ensure that ordinary people could understand them and discuss them, even in informal settings. We hope that, in the future, the Supreme Court will fully embrace Bengali for carrying out all its functions.     
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The writer is an Advocate at the Supreme Court of Bangladesh. He can be reached at [email protected]