Amend the Notaries Act, Rules to facilitate digitisation: Delhi High Court to Central government

The Delhi High Court on Tuesday directed the Central government to take appropriate steps to amend the Notaries Act, 1952 and Rules to facilitate digitization. [Sunny Arora v. Govt of NCT of Delhi].While hearing a Public Interest Litigation (PIL) on the issue of digitisation of notaries, a Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad ordered,"The statutory provisions require amendment and the Central government has to broaden certain amendments under the Notaries Act, 1952 and is also required to bring these in respect of digitisation.".The Court also noted that according to an affidavit filed by the Delhi government, it was clear that the government had sought comments from the Department of Law & Justice in respect of the digitisation of the notary system. However, the Department's response was still awaited."The affidavit filed by govt of NCT makes it clear that the government has sought comments from the Secretary of the Department of Law & Justice in respect of the digitisation of the notarial system. However, the response is still awaited," the Court noted in its order.Moreover, it was also brought to notice that the High Court in Union of India vs. SR Gangurde, had already directed the Centre to consider the issue of digitisation and to complete the same by June 30, 2016. However, since the same had not been done so far, the Court directed the government to take appropriate steps to expedite this process. The petition was disposed of with this direction..The PIL was filed by a law firm called 'Icon for Humanity' in respect of the renewal of licenses and appointments of notaries under the Notaries Act.It was submitted that in spite of the Delhi High Court's earlier directions to the Centre for renewal of the licenses of notaries between 2016-2021, no further notification or renewal of licenses was issued by the government to date. This meant that documents were being notarised by persons without any authority, which would be detrimental to the public at large, the plea stated.It also prayed for directions to create an electronic system where details of persons can be uploaded so that frauds can be reduced and receipts can be generated online for the benefit of the public..Advocate Bhupesh Narula appeared for the petitioners. Advocate Lalltaksh Joshi appeared for the respondents.