BHAGWATI PRASAD SINGHAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner, an Advocate and Notary, has filed this Public Interest Litigation seeking a direction to the respondents (State of Madhya Pradesh and the High Court of M.P.) to issue suitable directions to Judicial Magistrates not to administer oaths and affirmations in respect of affidavits meant for purposes other than judicial proceedings. He has contended that the power to administer oath in respect of affidavits other than those intended to be used in judicial proceedings, lies only with Notary Public or persons specially empowered by the State Government in that behalf; and that as Judicial Magistrates are not so empowered, they are not entitled to administer oath to such affidavits.

(2.) WE may first refer to the relevant provisions of law bearing on the issue.

(3.) THE Parliament also enacted the Oaths Act, 1969 to consolidate and amend the law relating to judicial oaths and for certain other purposes. Section 3 relates to Power to administer oaths and the said section is extracted below: