2015 (10) TMI 2821 - HC - Indian Laws

Improving affidavit filing at High Court: directives on registers, IDs, fees, and more.

Uma Shankar Mishra Versus State of U.P. And 3 Others

The judgment disposes of the public interest litigation petition by directing the High Court Bar Association to comply with the Chief Justice's directives ... Maintainability of public interest litigation petition - Chapter IV Rule 3 of the Allahabad High Court Rules, 1952 - HELD THAT:- Once directives have been issued then present public interest litigation petition is disposed of with the direction that the High Court Bar Association shall abide by the aforesaid mentioned directions issued on the Administrative side of this Court by Hon'ble the Chief Justice. Issues: Implementation of directives regarding maintenance of register by Oath Commissioners, requirement of passport size photograph and identification number on affidavits, allocation of identification number for each deponent, exemption for officials of State or Union Governments, charging of amount per identification number by Bar Association, and approval process for enhancement of charges.Maintenance of Register by Oath Commissioners:The judgment addresses the directives issued by the Chief Justice regarding the maintenance of a register by Oath Commissioners. The register is required to contain prescribed particulars for each affidavit sworn. This directive aims to streamline the process of recording affidavits and ensuring proper documentation of the same.Requirement of Passport Size Photograph and Identification Number on Affidavits:Another directive mandates that the deponent of every affidavit must affix their passport size photograph along with an identification number issued by the Allahabad High Court Bar Association. This requirement enhances the authenticity and identification of deponents, contributing to the integrity of the affidavit process.Allocation of Identification Number for Each Deponent:The Chief Justice's directives also specify that one identification number should be allocated to a person for a particular case by the Bar Association. This allocated identification number is intended to be used for all subsequent affidavits filed by the same deponent in the same case, facilitating easy identification and tracking of affidavits.Exemption for Officials of State or Union Governments:The judgment clarifies that the modalities related to passport size photographs and identification numbers need not be insisted upon for affidavits filed by officials of the State or Union Governments or on behalf of the instrumentalities of the State. This exemption recognizes the unique circumstances of government officials in filing affidavits.Charging of Amount per Identification Number by Bar Association:Regarding administrative expenses, the Chief Justice directs that the Bar Association may charge an amount of Rs. Seventy per identification number. This provision ensures that the administrative costs incurred by the Bar Association in implementing these directives are covered adequately.Approval Process for Enhancement of Charges:Furthermore, the judgment stipulates that the prescribed amount per identification number shall not be increased without the prior approval of the Registrar General on the instructions of the Chief Justice. This requirement ensures transparency and oversight in any future adjustments to the charges levied by the Bar Association.In conclusion, the judgment disposes of the present public interest litigation petition with the directive that the High Court Bar Association must comply with the directives issued by the Chief Justice regarding the aforementioned procedural requirements for affidavits. The directives aim to enhance the efficiency, authenticity, and accountability of the affidavit filing process within the Allahabad High Court.