SUDEBI SUNDARI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application and the other one in the case of Bidhu Bhuhan Mondal v. State of West Bengal & ors. having been moved together and with notice to the learned Additional Advocate General, Mr. Mukherjee has appeared for the respondent State of West Bengal. He has filed his powers.

(2.) The applications as sought to be moved were affirmed before Shri Biswa Nath Banerjee, Notary Public, Murshidabad and as such, a point arose as to whether applications under Article 226 of the Constitution of India can be affirmed before a Notary Public.

(3.) The Rules of our Court relating to application under Article 226 of the Constitution of India, lay down that every petition shall be verified by the solemn affirmation by the petitioner or person or person having cognizance of the facts stated and shall state clearly by reference to the paragraphs of the petition whether the statements are based on knowledge, information and belief, or on records. Where a statement is based on information the source of information should be disclosed and where the statements are based on records, sufficient particulars should be given to identify the records. Such provisions would be available in Rule 14 of the Rules as mentioned above. Rule 35 of the said Rules lays down that unless otherwise ordered, all affidavits shall be filed before the appropriate officer of the Court. No affidavit shall be used unless filed at least 24hours before the sitting of the Court on the date fixed for the hearing and no affidavit shall ordinarily be read at the hearing unless a copy there of has been served upon the respondent or his Advocate at least 24 hours prior to such hearing. In the Rules, there is no mentioning of affidavits, which could be affirmed before a Notary Public.