Relief for litigants: HC stays ₹500 charge for photo identification

Providing relief to litigants, the Lucknow bench of Allahabad high court, as an interim measure, has directed that the charge of ₹500 for photo identification by Bar Associations is not to be realised from them. In another interim measure, the court further directed the registry to accept affidavits sworn before public notaries, holding them valid under the Notaries Act, 1952, saying no rule prohibits their acceptance.
Justice Pankaj Bhatia passed the order on May 19 while hearing a petition filed by M/s Rajdhani Inter State Transport Co., New Delhi, through its authorised signatory Sunil Kumar Magoo, challenging the requirement of photo identification for filing petitions.
The court said that in the era where efforts are being made to promote digital India, 'continuing with a regressive practice of the litigants travelling from far-off places solely for photo identification is, on the face of it, is retrogressive'.
The court observed that the practice had led the High Court Bar Association and the Oudh Bar Association to charge amounts 'beyond the sanction of law, solely based upon resolutions.' It remarked that 'continuation of such a practice is neither desirable nor does it augur well for the temple of justice,' which must function with the support of Bar Associations to fulfil the constitutional goal of providing 'access to justice to all'.
Earlier, the petitioner's counsel had sought an adjournment to file a supplementary affidavit, citing the deponent's inability to travel to Lucknow for photo identification. In response, the court questioned why the affidavit could not be sworn before a notary at the deponent's place of residence, as permitted under the Notaries Act, 1952.
The petitioner's counsel explained that while there was no bar under the Act, the registry at the Allahabad high court typically accepts only affidavits sworn before oath commissioners appointed under Chapter IV of the Allahabad High Court Rules.
Noting that prima facie an additional cost ( ₹400-500) being charged from the litigants, which is going to the lawyers from the photo affidavit centre, was not sanctioned by law, the court had appointed advocate Tushar Mittal as amicus curiae to assist the court on the said issue.
The court, however, said that the Bar Associations were at liberty to take measures for the welfare of lawyers, but no such amount could be charged in connection with the filings made before the high court.
Accordingly, the court disposed of the issue, however, it ordered the writ petition would continue on its merits.

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