Understanding the Application for Exemption
Understanding the Application for Exemption
In legal proceedings before the Supreme Court of India, it’s common for petitioners to submit various documents, known as annexures, to support their cases. When these annexures are in a language other than English, the court typically requires official translations to ensure clarity and uniform understanding.
However, there are instances where petitioners seek exemption from this requirement due to specific circumstances.
IN THE HON’BLE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Writ Petition (Civil) No. of ____
IN THE MATTER OF
XXXXXXXXXXXXX & ANR …PETITIONERS
VERSUS
BAR COUNCIL OF INDIA & ORS …RESPONDENTS
AFFIDAVIT
I, __________________, ___________________New Delhi, do hereby solemnly affirm and state as under:
- That I am one of the petitioner in the abovementioned Writ Petition and authorized on behalf of all other petitioners to do pairvi, as such I am well acquainted with the facts and circumstances of the present case and hence competent to swear this affidavit.
- That I have read and understood the contents of accompanying Synopsis and List of dates page B to M , Writ Petition para 1 to para 38 and page 1 to 40 , application for exemption from filing official translation of annexures and I say that averments made therein are true and correct to the best of my knowledge and belief.
- That the annexures annexed with the Writ Petition are true copies of their respective originals.
- That the averments made in this affidavit are true to the best of my knowledge and belief derived from the records. No part of it is false and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on this 24th day of November _______that the contents of above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
IN THE SUPREME COURT OF INDIA
- A. No. of 2019
IN
Writ Petition (Civil) No. of 2019
IN THE MATTER OF
XXXXXXXXXXXXX & ANR …PETITIONERS
VERSUS
BAR COUNCIL OF INDIA & ORS …RESPONDENTS
To,
The Hon’ble the Chief Justice of India and His Companion
Justices of the Supreme Court of India at New Delhi
APPLICATION FOR EXEMPTION FROM FILING OFFICIAL TRANSLATION OF ANNEXURES
MOST RESPECTFULLY SHOWETH :
- That the petitioners have preferred the present Writ Petition under Article 32 of the Constitution of India, the detail facts are stated in the accompanying writ petition which are not repeated herein for the sake of brevity which may be read herein as part of this application.
- That the petitioners have set out all the detail facts of the case in the above Writ petition and in List of Dates and the petitioner craves leave of this Hon’ble court to refer to and rely upon the same at the time of hearing of this application.
- That the petitioners have filed Annexure P-1 to P____ in the above petition in which Annexures P-1,______________ were originally in Hindi and the same has been translated into English by an advocate of this Hon’ble Court who is well versed with both Hindi and English languages and petitioners submit that same are true English translation of their respective originals. As the matter involves urgency, official translation of those vernacular documents could not be obtained through official translator and for that the petitioners seek exemption from filing official translation of those annexures. This application is made bonafide and in the interest of justice.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may graciously be pleased to:
- Exempt the Petitioners from filing official translation of Annexure P-1, _________________ filed along with the present Writ Petition.
- Pass any further order or directions, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS ARE DUTY BOUND SHALL EVER PRAY.
Drawn by Filed by
_______________________
_______________________
Drawn on: _________
Filed on:
Understanding the Application for Exemption
An “Application for Exemption from Filing Official Translation of Annexures” is a formal request made to the Supreme Court. In this application, petitioners acknowledge that some of their supporting documents are in a language other than English.
They explain that, due to urgency or other valid reasons, they couldn’t obtain official translations. Instead, they’ve provided translations prepared by individuals proficient in both languages, such as practicing advocates. The petitioners assert that these translations are accurate representations of the original documents.
Structure of the Application
Introduction: The application begins by addressing the Chief Justice of India and the companion justices of the Supreme Court. It references the main writ petition filed under Article 32 of the Constitution, which seeks the court’s intervention in a specific matter.
Details of the Annexures: The petitioners list the annexures that are not in English. They mention that due to urgency, official translations couldn’t be procured. Instead, translations were done by competent individuals, and the petitioners vouch for their accuracy.
Reasoning for Exemption: The application emphasizes the urgency of the matter, which made it impractical to obtain official translations promptly. It assures the court of the authenticity and accuracy of the provided translations.
Prayer: The petitioners respectfully request the court to accept the provided translations and exempt them from submitting official translations for the specified annexures.
Why Such Applications Are Filed
The primary reason for filing such applications is the urgency of the legal matter. Obtaining official translations can be time-consuming, and delays might adversely affect the proceedings. By providing accurate translations prepared by qualified individuals, petitioners aim to expedite the process while ensuring the court has all necessary information.
Court’s Consideration
The Supreme Court evaluates these applications based on the reasons provided and the assurance of translation accuracy. If convinced, the court may grant the exemption, allowing the case to proceed without official translations. This approach balances procedural requirements with the need for timely justice.
Conclusion
Applications for exemption from filing official translations highlight the judiciary’s flexibility in accommodating genuine constraints faced by petitioners. They ensure that procedural formalities don’t hinder the timely delivery of justice, provided that the integrity and accuracy of the submitted documents are maintained.
Disclaimer: This article is for educational and informational purposes only. It offers general knowledge about legal procedures but does not constitute legal advice. For specific legal guidance, please consult a qualified lawyer.
