Tuesday, February 22, 2011

False affidavits will not be accepted: HC

I was delighted to read the above headline. My father had wanted to sue his tenant for perjury but his lawyers had advised him - Don't! You will be running to the courts for years and nothing will come of it. It is the norm. Be thankful that you have got your house back.

My happiness did not last long. The real story was that the court opposed the  "prevailing practice of getting affidavits attested without appearing before the oath commissioner".

It does not matter whether you tell the truth or not. But you must follow the rules!

Come to think of it, why do courts, at least in movies, need to make the witness swear to tell the truth. Shouldn't that be the expected default? Suppose I am an atheist and swear on a religious book, can I claim that my swearing was not valid. Or, like children, claiming that I had kept my fingers crossed?

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