Delhi High Court refuses to interfere with order on mandatory filing of duly attested affidavits

The Delhi High Court today refused to interfere with its administrative order which made it mandatory to file all petitions, suits, applications etc with duly attested affidavits. (Jamna Datwani vs High Court of Delhi).“We are of the opinion that the Office Order dated 28.08.2020 does not deem any interference. Same has been issued after things have normalized to a large extent..”Delhi High Court said. .A Division Bench of Justices Hima Kohli and Subramonium Prasad was dealing with a petition preferred by an 80-year old litigator, Jamna Datwani (Petitioner)..Counsel for the Petitioner, Advocate Deepak Khosla informed the Court that she had multiple cases pending before the High Court and other subordinate courts..However, due to the ongoing pandemic, the Petitioner was quarantining and was residing in an old-age home in Jalandhar, Punjab and it was difficult for her to file duly attested affidavits along with her pleas..A very pragmatic order (suspending the requirement of mandatory filing of attested affidavits) was passed by the Court in March, Khosla said as he sought a direction to set aside the August order on mandatory filing of attested affidavits..“Times have changed.. someone can swear an affidavit on her behalf.”, the Court responded..Khosla, however, claimed that the Petitioner had nobody in Delhi in whose favour a power of attorney could be executed for this purpose..The Court further suggested that the Petitioner could file an exemption application before each court concerned to seek permission to file attested affidavits at a later stage..Khosla also argued that the administrative order did not draw any distinction between an affidavit which is “sworn” vis a vis one which is “affirmed”..The Court ultimately opined that no case under Article 226 had been made out..“What’s good for everybody is good for you. When it is an administrative order which is passed judiciously.. Court cannot pass a blanket order.”, the Court remarked. .Given the peculiar facts of the case, the Court nonetheless granted liberty to the Petitioner to move an application explaining her circumstances and seeking permission to file the attested affidavits.“Exemption application shall be considered on a case to case basis.”, the Court clarified.