In a significant observation, the Allahabad High Court has expressed serious concern over the registry’s practice of not accepting affidavits sworn before Notaries Public under the Notaries Act, 1952, terming it prima facie inconsistent with the Allahabad High Court Rules and violative of Article 265 of the Constitution of India.
Justice Pankaj Bhatia, sitting at the Lucknow Bench, remarked:
“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.”
CASE BACKGROUND
The observation came in the matter titled M/S Rajdhani Inter State Transport Co. v. State Of U.P. & Ors. (WRIT – C No. – 3389 of 2025). During the hearing, the Petitioner sought an adjournment on the grounds that the required affidavit could not be sworn because the deponent was unable to travel to Lucknow for photo identification, a prerequisite under the current procedural rules.
The Bench questioned why the affidavit could not be sworn before a Notary Public in accordance with the Notaries Act, instead of requiring physical appearance at a photo centre.
ARGUMENTS AND OBSERVATIONS
Appearing for the Petitioner, Advocate Tushar Mittal submitted that although the Notaries Act permits affidavits to be sworn before notaries, the Allahabad High Court Registry accepts only those executed before Oath Commissioners under Chapter IV of the High Court Rules, which involves mandatory photograph identification.
Justice Bhatia further questioned the financial aspect of this practice and the collection of charges associated with photo verification.
“Another aspect as highlighted in the office memorandum issued indicates that the power of identification has been delegated to the Bar Association, who are empowered to charge an amount of Rs.125/- and in addition to the said amount, an amount of Rs.400/- goes to the account of the lawyer concerned directly from the photo 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.”
AMICUS CURIAE APPOINTED
In view of the legal significance of the issue, the Court appointed Advocate Tushar Mittal as Amicus Curiae to assist on the question of whether affidavits sworn before notaries should be legally recognized under the existing High Court Rules.
“This is an important aspect to be decided, as such, the Counsel for the petitioner Sri Tushar Mittall is appointed as Amicus Curiae to assist the Court on the issue of swearing of the affidavit,” the Court noted.
REGISTRAR GENERAL DIRECTED TO SUBMIT DOCUMENTS
The Court also directed the Registrar General to produce office memorandums and administrative documents justifying the imposed charges and the delegation of power to the Bar Association for photo identification purposes.
“The Registrar General is also directed to place the requisite office memorandums based upon which the cost is being imposed and charges are paid to the Bar Association…”
NEXT HEARING DATE
The matter is now scheduled to be heard again on April 29, 2025, when the Court will examine the legality of the current affidavit procedures and hear the Amicus Curiae’s submissions.
CASE DETAILS
Case Title: M/S Rajdhani Inter State Transport Co. v. State Of U.P. & Ors.
Case No.: WRIT – C No. – 3389 of 2025
Bench: Justice Pankaj Bhatia
Petitioner Counsel: Advocates Tushar Mittal, Kartikey Dubey, Shrikant Tripathi
