Aarohi Girish Dhumale
On 19th May, 2025, the Allahabad High Court has ruled that no fees may be charged for photo identification on affidavits submitted to the Court. The Court declared such practice to be illegal.
Justice Pankaj Bhatia heard this case. The High Court Bar Associations have been charging Rs. 400-500 for photo identification and affidavits sworn before the Notary were being rejected.
Advocate Gaurav Mehrotra, representing the High Court, said that acting on instructions from the Registrar General—that there is no proposal to reject petitions, applications, or other filings supported by affidavits sworn before a Notary Public.
Despite earlier Division Bench orders in 2015 and 2022 restraining the High Court Bar Associations from charging, the practice has not ceased in both Allahabad and Lucknow.
Mr. Tushar Mittal was amicus curiae assisted by co-counsel Ritika Singh Mittal, Yash Ahuja, Amit Agarwal and Abdul Sattar.
Advocate Tushar Mittal and Advocate S.M. Singh Roykwar contended that charging litigants for photo identification is unconstitutional as it creates an obstacle in availing justice.
The Court examined Chapter IV, Rule 2 and Rule 3 of the Allahabad High Court Rules, 1952, which confer the Chief Justice with the power to regulate fees for affidavit verification. The Court observed that administrative orders issued by the High Court permitted a fee of ₹125 for photo identification, but strictly under defined guidelines.
It reaffirmed the legitimacy of affidavits affirmed before Notary Publics appointed under the Notaries Act, 1952, specifically citing Section 8(1)(e), which grants Notaries the authority to administer oaths and attest affidavits.
The Court gave interim measures that all petitions, applications, and appeals accompanied by affidavits notarized by Notary Publics from any part of India must be duly accepted. The Registry and Stamp Reporting Section are instructed not to object on this basis. The High Court Bar Association and the Oudh Bar Association are barred from charging for photo identification services. Any non-compliance with these instructions will lead to contempt proceedings against the managing bodies of the associations and the operators of the photo identification centres.
Case Name: M/S Rajdhani Inter State Transport Co. New Delhi V/s. State Of U.P.
Case Number: Writ-C No. 3389 of 2025
Bench: Justice Pankaj Bhatia
Click here to access the order dated 19.05.2025
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