HC refuses to interfere with admin order making attested affidavits must

A bench of Justices Hima Kohli and Subramonium Prasad said as things have normalised to a large extent, the exemptions granted earlier due to the COVID-19 pandemic situation have been done away with

The Delhi High Court Tuesday refused to interfere with its administrative order making it mandatory to file petitions and suits with affidavits duly attested by the oath commissioner.

A bench of Justices Hima Kohli and Subramonium Prasad said as things have normalised to a large extent, the exemptions granted earlier due to the COVID-19 pandemic situation have been down away with.

We are of the view that the office order of August 28 does not deserve any interference as the things have normalised to a large extent and unlock guidelines have been issued by the Union of India and Delhi government and the exemptions granted earlier have been done away with, the bench said.

The court was hearing a petition by an 82-year-old woman, who is currently residing in a senior citizen home in Jalandhar and is embroiled in various litigations with her sons here, seeking to strike down the August 28 order which makes it mandatory to do filing with an attested affidavit and court fees.

The cases which are not accompanied with the court fees and attested affidavits shall be returned under objection, the office order said.

Advocate Deepak Khosla, representing the woman, said she has multiple cases pending before the high court and other subordinate court. However, due to the ongoing pandemic, she was residing in an old-age home in Punjab's Jalandhar and it was difficult for her to file duly attested affidavits along with her pleas.

He said a very pragmatic order, on suspending the requirement of mandatory filing of attested affidavits, was passed by the high court in March and urged it to set aside the August order on mandatory filing of attested affidavits.

However, the high court refused the request and said times have changed now and someone can swear an affidavit on her behalf and the court cannot pass a blanket order on her plea.

To this, Khosla said there was nobody in Delhi in whose favour the woman can give power of attorney.

The bench granted liberty to the woman to file an exemption application before each of the courts concerned explaining the facts and circumstances and seek permission to file attested affidavits later on.