Court dismisses petition challenging Photo Affidavit Identification Regime as discriminatory, affirms e-filing and notarized affidavits are valid.
In a significant ruling, the Allahabad High Court has dismissed a writ petition challenging the Photo Affidavit Identification Regime, which required personal appearance for affidavit verification. The court declared that notarized affidavits are acceptable for filing writ petitions, eliminating the need for personal appearance at the Photo Verification Centre.
The Division Bench, comprising Justices Alok Mathur and Amitabh Kumar Rai, addressed the petition filed by Biswajit Chowdhury, who argued that the regime was arbitrary and discriminatory, violating Article 14 of the Constitution. The petitioner contended that while government officials were exempted from personal appearance, ordinary litigants were compelled to appear for photo verification, a requirement he deemed unnecessary and unjust.
The court clarified that affidavits notarized anywhere in the country are valid for filing writ petitions at the Allahabad High Court. This decision aligns with the e-filing instructions introduced during the COVID-19 pandemic, which continue to remain in force. The court emphasized that there is no mandatory requirement for physical appearance at the Photo Verification Centre at either Allahabad or Lucknow for filing a writ petition.
The ruling came after the petitioner sought information under the Right to Information Act, 2005, regarding the affidavit-related procedures under the regime. The High Court's response confirmed that duly notarized affidavits are accepted, and no defects are raised concerning such affidavits by the Stamp Reporting Section.
The petitioner, who appeared in person, argued that the differential treatment was illegal and discriminatory. However, the court found the petitioner's claims to be unwarranted, noting that the High Court had already clarified the acceptability of notarized affidavits. The court concluded that the petition was superfluous and had unnecessarily consumed judicial time.
The judgment reiterates the High Court's stance on promoting accessible and efficient legal procedures through the acceptance of notarized affidavits and the continued use of e-filing systems. This decision is expected to ease the burden on litigants, ensuring a more streamlined process for filing writ petitions without the need for personal appearance for photo verification.
Bottom Line:
No mandatory requirement for personal appearance at Photo Verification Centre for filing affidavits before Allahabad High Court; notarized affidavits are acceptable.
Statutory provision(s): Article 14 of the Constitution of India, Right to Information Act, 2005, Civil Procedure Code, 1908, Notaries Act, 1952, Bharatiya Nagarik Suraksha Sanhita, 2023
