Bombay HC asks Centre to consider report suggesting reforms to Notaries Act
Legal profession cannot function from streets, says Bombay High Court
4 min read
According to the HC directions, Amicus Curiae Nausher Kohli, who was assisting the court, along with advocate Akash Agarwal submitted a report proposing the suggestions to the Draft Notaries Amendment Bill, 2021 (File)Observing that “the legal profession cannot be allowed to function from the streets”, the Bombay High Court on Friday directed its registry to send the copy of a report prepared by the lawyers, proposing reforms to the Notaries Act to the Department of Legal Affairs of the Central Government. The 70-year-old Act came into force in 1952.
A division bench of Justice S J Kathawalla and Justice M N Jadhav observed that notaries have started notarising documents from vehicles parked in a public parking lot instead of an officer or a chamber and such notaries are operating from public taxis around the vicinity of the High Court, which shows the “extent the legal profession has degraded causing anguish not only to the judiciary but also lowering the dignity of the profession in the eyes of general public/common man.”
According to the HC directions, Amicus Curiae Nausher Kohli, who was assisting the court, along with advocate Akash Agarwal submitted a report proposing the suggestions to the Draft Notaries Amendment Bill, 2021.
The suggestions include extensive use of technology while notarising documents, mandatory issuance of a receipt by notaries for fees charges, implementing practices under the Remote Online Notarisation, increase in fees for notary charges and the implementation of a model code of conduct for notaries etc.
The report suggested that additional responsibilities must be cast on notaries to ensure safekeeping and protection of the sensitive and confidential data of their clients with which they are entrusted with.
Last week, the HC had summoned a man — operating out of cars near the court to notarise documents — to appear before it after the court found defects in documents filed before it through the lawyer.
The court had said that it had been brought to its notice that a notary had stationed three to four cars near the High Court to carry out notarisation of documents required before filing in the court.
The HC said that it was informed that the said person sits in one vehicle while his clerks sit in other vehicles posing as a notary and therefore summoned him to appear before it.
On Friday, while passing an order in a clutch of petitions, the bench said it was informed that many advocates, who are notaries have surrendered their office premises that they were using as licensees due to the pandemic and are carrying on their job by operating from private vehicles and taxis.
“In any event, though we have full sympathy for the advocates, who do not have their offices of their own to function from, we do believe that the dignity of the profession needs to be maintained and the legal profession cannot be allowed to function from the streets,” the bench noted.
“We are also not able to understand how the Municipal Corporation of Greater Mumbai (MCGM) and also the appropriate authority has not taken any action till date in regard to the above-mentioned functioning of advocates and notaries from parking areas and streets manned by the MCGM,” the bench said and directed the government to consider the court’s order and the report submitted by the advocates while enacting the reforms.
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