Affidavits attested by notary can be relied upon in proceedings: HC

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Srinagar, Aug 3: The High Court of J&K and Ladakh has held that an affidavit attested by a notary public could be relied upon in its proceedings.

“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,” said an order by Justice Sanjay Dhar.

The Court said this while hearing a petition wherein preliminary objection was raised with regard to maintainability of it on the ground that the affidavit of the petitioner in support of the petition had not been attested and sworn in accordance with the law, inasmuch as the affidavit accompanying the petition had been attested by a Notary and not by the Oath Commissioner as required by the provisions contained in the Writ Proceedings Rules, 1997.

“So, any affidavit attested by any of the aforesaid authorities is legally permissible for its use in the High Court,” the bench said.

The court also said that 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 officers.

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