Srinagar- The High Court of J&K and Ladakh has held that an affidavit attested by a Notary Public can be relied upon in proceedings before it.
A bench of Justice Sanjay Dhar also underscored need for vesting incharge of the jails with powers of Oath Commissioners by the High Court so that the affidavits which are intended to be used by the prisoners before the Courts are attested by the officers.
“An affidavit intended for use in the High Court may be sworn before any Court or Magistrate, a Notary, an Oath Commissioner appointed by the High Court, or any other officer appointed by any other Court which the State Government has generally or specifically empowered in this behalf,” a bench of Justice Sanjay Dhar said while hearing a petition in which preliminary objection was raised with regard to maintainability of the petition on the ground that the affidavit of the petitioner in support of the writ petition has not been attested and sworn in accordance with the law, inasmuch as the affidavit accompanying the petition has been attested by a Notary and not by the Oath Commissioner as required by the provisions contained in the Writ Proceedings Rules, 1997.
“So, any affidavit attested by any of the aforesaid authorities is legally permissible for its use in the High Court,” the court said.
The court also said that it would be in the interests of administration of justice if incharge of the jails are vested with powers of Oath Commissioners by the High Court so that the affidavits which are intended to be used by the prisoners before the Courts are attested by the said officers.
“Before parting, it would be necessary to record certain observations as regards the difficulties that are being faced by the undertrial and convict prisoners who intend to file cases before the High Court or before other Courts of the Union Territories of Jammu & Kashmir and Ladakh,” the court said.
In the cases that are to be filed by the litigants, particularly of civil nature, more often than not, the “petitioners/respondents/applicants/plaintiffs/defendants” are required to sign the pleadings and swear affidavits in support thereof.
“It becomes very difficult for the undertrial/convict prisoners who intend to file such affidavits before different courts to secure the services of a Notary or an Oath Commissioner inside the jail,” the court said.
The Bench said that the High Court, in terms of Clause (b) of Section 139 of the Code of Civil Procedure, has power to appoint any officer who can administer oath on affidavit(s).
“It is in exercise of this power that the High Court appoints the Oath Commissioners. It would be in the interests of administration of justice if incharge of the jails are vested with powers of Oath Commissioners by the High Court so that the affidavits which are intended to be used by the prisoners before the Courts are attested by the said officers”, the court said, adding, “This would obviate the difficulties that are generally being faced by the prisoners while filing their pleadings/affidavits before different courts, particularly in cases of civil nature.”
To overcome such difficulty, Allahabad High Court has, in terms of Proviso to Rule 4 of Chapter IV of the Rules of the said High Court, authorized an officer of jail in the State of Uttar Pradesh to attest an affidavit and the power of Oath Commissioner has been conferred upon such officers, the court noted.
Incorporation of a similar Rule in the Jammu & Kashmir and Ladakh High Court Rules can be considered, the bench said.
“In view of the above, it is directed that a copy of this order be forwarded to the Registrar General of this Court, who may place the same before Hon’ble the Chief Justice for considering the aforesaid aspect of the matter.”
CJ Orders Disposal Of Old Cases
Chief Justice N. Kotiswar Singh has ordered disposing of 20-year-old or above cases before it with urgency in order to reduce the pendency of old cases in the J&K and Ladakh High Court.
“In order to weed out the infructuous cases, at first instance the Advocates are requested to furnish the list of infructuous cases which are 20 years old and are above,” reads an order issued by the Registrar General on the instructions of the Chief Justice.
“The 20 years and above old cases listed in the month of September, 2023 or thereafter, shall be listed after 15th of August, 2023 and be taken up for hearing with the consent of parties/counsels by seeking advancement of date of hearing, wherever needed.”
The list of old cases shall be notified to the parties or counsels by the respective Registrar (Judicial) by issuing the appropriate Notifications, it said.
“These old cases shall continue to remain in the cause list, till disposal by the appropriate Bench,” the order said, adding, “These old cases shall be placed above other cases in terms of chronology and given priority for disposal.”
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