Excelsior Correspondent
Srinagar, Aug 3: High Court has recommended appointing In-charge of jails for vesting with powers of administering oath on affidavits of the under-trial prisoners intended to be used by them for court proceedings so that the difficulties faced by the prisoners be obviated.
The recommendation has been recorded by the Justice Sanjay Dhar in a plea whereby a question was raised about the affidavit sworn by an under-trial. The counsel for the opposite side objected that the affidavit as sworn by the under-trial is not in consonance with law as the attestation of the affidavit by a notary could not be possible as the deponent (who swears an affidavit) must be present before the notary or oath commissioner at the time of attesting the contents of the affidavit.
Justice Dhar while referring to the Clause (b) of Section 139 of the Code of Civil Procedure, said in terms of the said section the High Court has power to appoint any officer who can administer oath on affidavits. “It would be in the interests of administration of justice if in-charge 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”, Justice Dhar recommended.
Court while making the recommendation, said this exercise would obviate the difficulties that are generally being faced by the prisoners while filing their pleadings and affidavits before different courts, particularly in cases of civil nature.
“Incorporation of a similar Rule in the Jammu & Kashmir and Ladakh High Court Rules can be considered. 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”, Court directed for placing the said suggestion before the Chief Justice for considering the same.
Another objection to the plea of the petitioner who is under prison has been raised by the other side that the affidavit should have been attested by Oath Commissioner and not by Notary public. “…it becomes lucid that an affidavit intended for use in the High Court may be sworn before a Notary as well and So far as appointment of the Oath Commissioners is concerned, the same is done by the High Court in exercise of its powers under Clause (b) of Section 139 of the CPC”. Court clarified.
Court has also made it clear that 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. “Thus, a Notary appointed under the Notaries Act is empowered to attest an affidavit which is intended to be used in the High Court,” the judgement reads.
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