AFFIDAVIT: GUIDELINES TO OATH COMMISSIONERS BY CALCUTTA HC

GUIDELINES FOR AFFIRMATION OF OATH AND AFFIDAVIT TO BE SWORN BY THE OATH COMMISSIONERS IN THE APPELLATE SIDE OF THE HGH COURT AT CALCUTTA.

1.       The office of the Oath Commissioners will open daily on working days of the High Court at Calcutta at 10.00 a.m. and affirmation of Oath in connection with affidavits will bestarted from 10.15 a.m.

2.       The duty hours of the Oath Commissioners will be from 10.15 a.m. to 2.15 p.m. and again from 3.00 a.m. to 4.15 p.m.

3.       The Oath Commissioners will received the applications for affirmation up to 4.15 p..m. and all the applications received upto the said period will have to be affirmed on the same day.

4.       In case of extreme urgency, the affidavits may be affirmed by the Deputy Registrar (Administration). The Deputy Registrar (Administration) after 4.15 p.m. to 4.30 p.m. will have the authority to determine the urgency of the affidavits before affirmation.

5.       In addition to the existing Oath Commissioners, the Deputy Registrar (Administration, the Deputy Registrar (Judicial), Deputy Registrar (Accounts), Deputy Registrar (Computer) and Superintendent, Mandamus Xerox Department will also affirm affidavits henceforth rotationally for one hour each from 10.15 a.m.

6.       The Oath Commissioner shall affirm the affidavits following Appellate Side Rules and more particularly Rule 26 Chapter 4 of the Appellate Side Rules of the High Court at Calcutta. The Oath Commissioner will also strictly follow the direction passed in W.P. 8383 (W) of 2005 regarding the documents identification of deponent.

7.       The direction passed by the Hon’ble Division Bench of the Hon’ble High Court in C.R.M. 19882 of 2012, so far as it relates to filing of second or third application for bail or anticipatory bail shall be in force.

8.       No Annexure in vernacular to an application will be accepted and in such case the decision of the Hon’ble Calcutta High Court reported in 2009 (4) CHN 668 will be in force.

9.       Law Clerks will not submit any incomplete defective e petitions to get them signed by the Commissioners for affirmation.

10.   The Law Clarks will take all endeavours to produce legible annexures with the petition.

11.   In case of illegible annexure to an application, typed copy of the said annexure is to be attached.

12.   The Law Clerks will submit petitions on the day, the deponent signs the affidavit. They will not insist upon the Oath Commissioners to get an affidavit affirmed in the absence of the deponents. They will extend all possible help to the Oath Commissioners for smooth affirmation of the affidavits.

13.   The Law Clerks are requested to bring only the deponent in the Commissioners’ office and not other clients to avoid unnecessary crown in the office of the Oath Commissioners.

14.   The Law Clerks will render all possible help to the police men deployed in the said Section for the purpose of controlling crowd.

Above guidelines will take effect from 20-04-2015.

                                                                                                By the Order of the Hon’ble the Chief Justice

                                                                                                Registrar (Administration)