The Gujarat High Court on Tuesday took a firm stance against the casual attitude of State government officials in drafting and filing affidavits. The court, led by a division bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, declared that it would no longer accept affidavits that do not adhere to the proper format.
Chief Justice Agarwal expressed her dissatisfaction with the prevailing ‘Chalta Hai’ attitude, a colloquial term implying a lackadaisical approach. “I will issue strict instructions to the Registrar to reject all such affidavits, which aren’t in the proper format,” she stated, adding that she would ensure that no objections are raised against this directive.
The Chief Justice emphasized the importance of affidavits in the legal process, stating, “An affidavit isn’t a formality. It’s the heart and soul of the pleading. So it needs to be filed in a proper format.” She further stressed that State authorities must understand the necessity of mentioning the requisite particulars in affidavits filed in the High Court.
Government Pleader Manisha Luvkumar-Shah, who was present in the courtroom, assured the bench that the State would address the issue and rectify the mistakes. “We will rectify and ensure the mistake isn’t repeated,” the Senior Counsel told the bench.
The bench highlighted the issue while dictating judgment in a plea for condonation of delay, pointing out that the affidavit in question was poorly drafted and lacked some important particulars.
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