Gujarat High Court: Rejecting ‘Chalta Hai’ Approach in Affidavit Filings

The Gujarat High Court, headed by Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, rejects the casual “Chalta Hai” attitude of State officials towards legal documentation, specifically affidavit filings.

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Gujarat High Court

GUJARAT: Today(12th March), The Gujarat High Court, Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, took a decisive stand against the nonchalant attitude often displayed by State government officials regarding legal documentation. In a recent session, the court condemned the prevalent “Chalta Hai” mindset, which translates to a lackadaisical or indifferent approach, particularly in the drafting and filing of affidavits.

Chief Justice Agarwal voiced her concerns, stating:

“The other day, I pointed out flaws in the format of the affidavit, an advocate said ‘yaha aise hi chalta hai.’ Sorry but for High Court you cannot have this ‘chalta hai attitude.’ I will issue strict instructions to the Registrar to reject all such affidavits, which aren’t in the proper format. And then I will see that nobody makes any hue and cry.”

This statement underscores the court’s refusal to tolerate inadequacies in legal filings and highlights the necessity for adherence to established protocols.

Emphasizing the critical nature of affidavits in the judicial process, Chief Justice Agarwal remarked:

“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.”

Her comments reflect the importance of precision and thoroughness in legal documentation, underscoring that every detail matters in the eyes of the law.

The issue came to light when the bench was dictating judgment on a plea for condonation of delay and encountered a poorly drafted affidavit. The document failed to include several crucial particulars, leading to the court’s criticism. The bench’s frustration was evident as they highlighted the lack of professionalism and attention to detail in the preparation of legal documents.

In response to the court’s admonishments, Government Pleader Manisha Luvkumar-Shah assured the bench of the State’s commitment to improvement.

“We will rectify and ensure the mistake isn’t repeated,”

– she promised, indicating the government’s intention to take corrective measures and adhere to the court’s standards.

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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