The Allahabad High Court (Lucknow Bench) has raised critical concerns regarding the current practice that limits affidavit swearing to either Allahabad or Lucknow, depending on jurisdiction. The Court has also scrutinized the additional charges imposed for photo identification at affidavit centers, questioning their legality.
The issue came up in Writ - C No. 3389 of 2025, filed by M/S Rajdhani Inter State Transport Co., New Delhi, against the State of U.P. and Others. During the hearing, petitioner’s counsel Tushar Mittal mentioned the need for adjournment. The reason: the deponent couldn't travel to Lucknow for photo identification and affidavit swearing, which was necessary to file a supplementary affidavit.
Taking note of this, Justice Pankaj Bhatia posed a straightforward but significant question:
“Why couldn’t the affidavit be sworn before a Notary Public under the Notaries Act, 1952, at the place where the deponent resides?”
The Court was informed via a written note from the petitioner that although there's no bar under the Notaries Act, 1952, for swearing affidavits at the place of residence, the Registry of Allahabad High Court only accepts affidavits sworn before Oath Commissioners appointed under Chapter IV of the High Court Rules. Moreover, it's mandatory that a photo be taken at the affidavit center to verify the deponent's identity before the affidavit is accepted.
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The Court took serious note of this contradiction.
“The daily inconvenience faced by litigants coming to either Allahabad or Lucknow for visiting the photo center to swear affidavits — just to make them valid under the current Rules — is not only 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,”
— Justice Pankaj Bhatia
The Court also referred to an earlier judgment in Sajjan Kumar vs C.L. Verma and Another: AIR 2006 All 36, which had highlighted a similar issue.
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The Court’s scrutiny did not stop at the affidavit procedure. Another serious concern was the cost burden on litigants. As per an office memorandum, the power of photo identification has been delegated to the Bar Association, which is allowed to collect Rs.125 for this service. However, an extra Rs.400 is reportedly being collected, which directly goes to the lawyers from the photo affidavit centers.
“Prima facie, the collection of the said amount is neither sanctioned by any law nor is it in consonance with Article 265 of the Constitution of India,”
— Justice Bhatia
To thoroughly examine this matter, the Court has appointed Advocate Tushar Mittal as Amicus Curiae. He has been directed to assist the Court regarding the swearing of affidavits and to serve a copy of the petition and his note to Mr. Gaurav Mehrotra, counsel appearing for the High Court. Mr. Mehrotra has also been asked to justify the imposition of such costs and present relevant office memorandums.
Additionally, the Registrar General of the High Court has been instructed to produce all official memorandums under which these charges are imposed and paid to the Bar Association.
“This is an important aspect to be decided,”
— Justice Pankaj Bhatia remarked.
The Court has listed the matter for the next hearing on April 29, 2025, specifically to address the affidavit swearing procedure and the legal basis for the charges levied on litigants.
