The Allahabad High Court has taken a firm stance on transparency and fairness in affidavit filings, restoring the powers of the registry and setting a maximum fee of Rs 125. This decision aims to curb irregularities and ensure that the process of affidavit verification is conducted with integrity and adherence to established rules.
The court's directive underscores the importance of maintaining due procedure while swearing in affidavits. It mandates that Advocate Oath Commissioners meticulously follow the guidelines outlined in Chapter IV of the Allahabad High Court Rules, 1952. Non-compliance with these procedures may lead to appropriate action.
To prevent misuse, the High Court has implemented a system of coupons for Advocate Oath Commissioners. These coupons are to be issued specifically to the commissioners and must be used exclusively by them for verifying affidavits. The Cash Section and Stamp Reporting Section of the Allahabad High Court are tasked with ensuring that coupons issued to one Oath Commissioner are not used by another, and that coupons issued in a particular year are not used in subsequent years.
The court has also emphasized the personal responsibility of Oath Commissioners, prohibiting them from delegating their duties to others under any circumstances. This measure is designed to maintain accountability and prevent the outsourcing of crucial verification processes.
Further reinforcing transparency, the Allahabad High Court has directed all Oath Commissioners to maintain a register containing prescribed particulars for each affidavit sworn. This register will serve as a record of all affidavits verified and help track compliance with the established procedures.
The decision to cap the fee for affidavit verification at Rs 125 is intended to prevent overcharging and ensure that the process remains accessible to all. This fixed fee aims to eliminate ambiguity and prevent discretionary pricing, promoting fairness and equity.
The Allahabad High Court's commitment to transparency extends to other areas of legal practice. In a separate case, the court invalidated an order under the U.P. G.S.T. Act, 2017, due to procedural deficiencies, emphasizing the importance of providing a personal hearing as required by Section 75(4) and adhering to the principles of natural justice. Similarly, the court has addressed issues of fairness and adherence to rules in disciplinary proceedings, emphasizing that charges must be supported by oral evidence and that ex-parte inquiries must ensure proper examination of evidence.
These actions reflect a broader effort by the Allahabad High Court to uphold the principles of justice, fairness, and transparency in all its proceedings. By restoring the powers of the registry, capping affidavit fees, and reinforcing adherence to procedural rules, the court is taking concrete steps to ensure that the legal system operates with integrity and serves the interests of all citizens. The emphasis on transparency and accountability is crucial for maintaining public trust and ensuring that justice is accessible to everyone.