UNION OF INDIA Vs. BALBIR SINGH YADAV

JUDGEMENT

(1.) During the course of arguments, it transpired that Miss. Shirley Amity Shallam, learned counsel who appears for the respondent has filed her own affidavit, stating certain facts on oath and claiming them to be based on her personal knowledge.

(2.) Although an advocate representing his/her client can give legal advice to him/her but he/she is not supposed to file an affidavit on the basis of personal knowledge about the case. The affidavit filed by Miss Shirley Amity Shallam therefore cannot be accepted. We, in taking this view, are supported by the decision of the Gauhati High Court reported in Raj Kumar Prasad vrs. State of Arunachal Pradesh & Ors. (2006) 2 GLR 597 in paras 36-40 of which, it was held as under:-

(3.) We have come across various affidavits that are generally filed by advocates before this Court on behalf of their clients and also by the litigants themselves, which contain statement of facts and the laws, both affirmed on oath, but such affidavits do not contain any verification.