In a significant relief to litigants, the Allahabad High Court has ordered a temporary suspension of the ₹500 fee charged by Bar Associations for photo identification. The Court also directed that affidavits sworn before any Public Notary across India must be accepted by the Registry, in line with the Notaries Act, 1952.
“Continuing a regressive practice in a digital era is retrogressive,”
– Justice Pankaj Bhatia
The Court strongly criticised the ongoing practice where litigants, often from distant places, are forced to travel solely for photo identification. Justice Bhatia called it outdated, stating that it goes against the spirit of Digital India and access to justice.
He further observed that Bar Associations, including the High Court Bar Association and the Oudh Bar Association, were collecting fees not authorised by law, solely based on their internal resolutions.
“The continuation of such a practice does not augur well for the temple of justice.”
– Justice Bhatia
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As a temporary measure, the Court directed:
- No ₹500 charge should be collected from litigants or advocates for photo identification.
- Affidavits notarized under the Notaries Act should be accepted by the Registry in Allahabad and Lucknow.
The matter was raised when a petitioner could not appear for photo identification and sought time for filing a supplementary affidavit. Justice Bhatia questioned why affidavits couldn’t be sworn locally before a Notary.
“Though the Notaries Act allows it, the Registry only accepted those sworn before Oath Commissioners.”
– Petitioner's Counsel
Justice Bhatia rejected this argument and clarified that notarized affidavits are legally valid. The Court highlighted that even the Registrar General’s Office Memorandum in 2023 set the photo affidavit charge at ₹125, and any further increase required approval from the Chief Justice.
“Access to justice is a constitutional right and must be free of roadblocks.”
– Justice Bhatia
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Further, the Court stated that the list of 272 “defects” used by the Registry to reject notarized affidavits has no legal backing. This list was not prescribed under any High Court Rule and caused unnecessary hardship.
“The list of defects shall not be raised by the Stamp Reporting Section in petitions supported by affidavits sworn before the Notary Public.”
– High Court Direction
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The Court also warned that any further unauthorized charges at the affidavit centres would lead to contempt proceedings, and the persons responsible would be held personally liable.
While appreciating Kerala High Court’s efforts to introduce email and OTP verification for document filing, the Allahabad High Court urged the Chief Justice to consider similar administrative changes.
The Court clarified that Bar Associations may undertake welfare initiatives, but no fee linked to the litigation process should be imposed without proper authority.
Finally, the writ petition remains pending for further hearing, but the Court's directions are in force until further orders.
