High Court Questions Legality Of Swearing-In Of Affidavits Only At Allahabad, Lucknow; Questions Charges For Photo Identification

The Allahabad High Court has raised questions regarding the practice that affidavits for filing of writ petitions, appeals, revisions, etc. before the High Court must be sworn-in either at Allahabad or at Lucknow, depending upon the jurisdiction. The Court further questioned the charges levied for getting photo identification done at the photo affidavit centers at both places.

Petitioner's counsel had sought adjournment for filing of supplementary affidavit as the deponent could not travel to Lucknow for photo identification and swearing-in of the affidavit.

To this, the Court inquired as to why under the Notaries Act, 1952 the affidavit could not have been sworn in at the place where the deponent was residing by a Notary. Counsel for petitioner supplied a note to the Court stating that though there is no bar under the Notaries Act, 1952, the Registry at the Allahabad High Court only accepts affidavits sworn in by Oath Commissioners appointed under Chapter IV of the Allahabad High Court Rules.

Justice Pankaj Bhatia observed,

“Considering the fact that daily this Court is faced with the inconvenience caused to the litigants who come either at Allahabad or at Lucknow for visiting the photo centre to swear the affidavit and only then the said affidavit can be said to be properly sworn in terms of the provisions of the Rules, is contrary to the provisions of the Notaries Act but also prima facie, beyond the powers conferred by Chapter IV Rule 3 of the Allahabad High Court Rules.”

The Court further noted that the power of identification has been delegated to the Bar Association by an Office Memorandum. The Bar Association can charge an amount of Rs.125/- towards the photo affidavit, however, an additional cost of Rs. 400/- is being charged from the litigants which is going to the lawyers from the photo affidavit centre.

“Prima facie, the collection of the said amount is neither sanctioned by any law nor is it in consonance to Article 265 of the Constitution of India,” held Justice Bhatia.

Advocate Tushar Mittal has been appointed as Amicus Curiae to assist the Court on the issue of swearing of the affidavit. The Court has also called upon the counsel for High Court to explain the charges for photo identification. The Registrar General of the High Court has been directed to place the office Memorandums regarding the issue.

Click Here To Read/Download Order