The Allahabad High Court directed the High Court Bar Association and the Oudh Bar Association to ensure that no amounts are charged from the litigants/advocates towards the photo identification at any rate whatsoever and further observed that linking of the affidavits with the amounts collected would amount to Contempt of Court.

The Allahabad High Court dealt with the issue of a number of list of defects as reported by the Stamp Reporting Section and Rs.500/- being charged in the name of photo identification.

The Bench of Justice Pankaj Bhatia observed, “Coming to the second question with regard to the photo identification, the prescriptions as have taken place in the form of amendments are owing their genesis from Chapter IV Rule 3 of the Allahabad High Court Rules, however, it is high time in the era where the efforts are to promote digital India, continuing with a regressive practice of the litigants traveling from far off places solely for photo identification is on the face of it retrogressive. The same has also resulted in the High Court Bar Association as well as Oudh Bar Association charging amounts beyond the sanction of law solely based upon resolutions, and continuation of such practice is neither desirable nor does it goes augur well for the temple of justice which is to function with the active help of Bar Associations in furtherance of the constitutional goal of providing access to justice to all.”

Advocate Tushar Mittal represented the Petitioner, while Advocates Manoj Dwivedi and Gaurav Mehrotra represented the Respondents.

Case Brief

The practice of charging Rs.500/- from the litigants solely for the identification of photos which are required for affixing on affidavits were continuing both at Allahabad and at Lucknow was raised before the Court.

It was stated that drawing powers from Rule 2 and proviso to Rule 3 of the Allahabad High Court Rules, the charges for verification of an affidavit before the Oath Commissioner were earlier fixed at Rs.75/- and were subsequently enhanced to Rs.125/-. It is further argued that compelling litigants to pay a high amount of Rs.500/- in the name of Photo Affidavit Centre is neither sanctioned by any law nor does it work towards furtherance of the constitutional philosophy of making the access to justice easy.

Apart from the above, it was also contended that for filing a petition, the High Court has uploaded a list of defects that can be highlighted by the Stamp Reporting Section, which are 272 in number, which is a huge deterrent for the litigants approaching this Court in the State of Uttar Pradesh.

Court’s Analysis

Considering the submissions made, the Allahabad High Court opined that it is clear that access to justice is becoming increasingly cumbersome because of two things mainly: the first being, charging of amounts in the name of photo identification at the rate of Rs.500/- per affidavit and secondly, the number of list of defects which the Stamp Reporting Section is making in the petitions, applications, etc.

“It is clear in terms of the constitutional mandate that access to justice is a valuable right vested in citizens, in fact right to approach the Supreme Court under Article 32 is a fundamental right guaranteed under Part III of Constitution; the right to approach other Courts in the country is also a constitutional right. Once there is a right to avail judicial remedies being a constitutional right, the road to access justice has to be smooth and free of unwanted road blocks, lest it becomes road less travelled. The procedural requirements to achieve and ensure the access to justice has to be erased so that the constitutional right is not reduced to an empty provision. Procedures prescribed for access cannot be such that defeat the very purpose they seek to achieve. The procedures should be to lubricate the path instead of becoming a resistance. Procedures although essential are like friction which is a ‘necessary evil’ but cannot be excessive lest it brings the entire machinery to a stand still”, the Court said.

As an interim measure, the Court directed that the Registry/Stamp Reporting Section shall accept all the petitions, applications, appeals etc., filed before the High Court, both at Allahabad and Lucknow and duly supported by the affidavits sworn before the Notary Public appointed in the entire country of India as a valid affidavit in support of the petitions, applications, appeals, etc.

It was further clarified that, due to practical difficulties, the list of defects pertaining to the affidavits shall not be raised by the Stamp Reporting Section in respect of petitions which are supported by affidavits sworn before the Notary Public. Regarding issue of huge number of defects, the Court mentioned that the same is required to be placed before the Hon’ble Chief Justice for his consideration and if deemed necessary, for adopting appropriate measures.

In the light of the above, the Court also directed that the persons manning the Photo Identification Centre, either a firm or a company, would also be personally liable if it is brought to the notice of this Court that any amounts are being charged for photo identification over and above what have been sanctioned by the Hon’ble Chief Justice under Chapter IV Rule 3 of the Allahabad High Court Rules.

Accordingly, the issue stands disposed of.

Cause Title: M/S Rajdhani Inter State Transport Co. New Delhi Thru. Auth.Signatory Mr.Sunil Kumar Magoo V. State Of U.P.Thru. Addl. Chief Secy. Prin. Secy. Labor Deptt. Lko. And Ors.

Appearance

Petitioner: Senior Adv J.N. Mathur and Advocates Tushar Mittal, Kartikey Dubey and Shrikant Tripathi

Respondents: Advocates S.M. Singh Roykwar, Manoj Dwivedi (General Secretary of the Oudh Bar Association) and Gaurav Mehrotra

Click here to read/download Judgment.


Allahabad High CourtJustice Pankaj Bhatia

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.