Most notaries not aware of their duties: Orissa High Court orders State to conduct training programmes

The Orissa High Court recently directed the State government to arrange training programmes for the notaries in Orissa on a regular basis, on concerns that most notaries appeared to be unaware of their functions and duties. [Partha Sarathi Das V/S State of Odisha & others].The Court has also asked the State to issue guidelines to notaries on their functions and duties. ."We direct the State Government to arrange training programme for the notaries of the State on a regular basis, either physical or through virtual mode and also issue guidelines to apprise them of their functions and duties as has been laid down under section 8 of the Notaries Act, 1952 and what to do and what not to do," the Court's order stated. .The bench of Justices SK Sahoo and Chittaranjan Dash passed the order in a case where a notary public was found to have issued a marriage certificate, despite the Notaries Act, 1952 not conferring any such authority on notaries. .The notary public later appeared before the High Court and submitted an unconditional apology, explaining that he issued the marriage certificate only because he was ignorant of the law. He also undertook not to commit similar mistakes in the future..The Court accepted the apology but took a serious view of the larger issue."We find the issue to be a grave one as actions of Notaries can affect rights and lives of common people who do not have fair understanding of law. Issues like the present one reminds this Court of the loopholes that the incumbent system possesses and inaction on the part of the Government to cure these shortcomings can cause severe prejudice to the rights of innumerable citizens," the Court observed. .The Court also reiterated that there are a number of Supreme Court and High Court judgments in similar matters "from which it is palpably discernible that most of the notaries are not aware of their duties and functional limits.".The Court has, therefore, called for the conduct of training programmes and the issue of guidelines to resolve such issues. .The main case at hand concerned one Partha Sarathi (petitioner) who claimed that his "wife" was being illegally confined by her parents against her will. Notably, Sarathi claimed that he was married on the basis of a marriage certificate that was executed and issued by a notary public..On September 14, the High Court sought an explanation from the notary public, Aswini Kumar Mohanty, on how he executed the marriage declaration document and on what authority he did the same. The Court also observed that the issue or execution of marriage certificates is not one of the functions of notaries. .Marriage certificates issued by notary public have no value in the eyes of law: Orissa High Court.In the meanwhile, the Court also directed the police to interact with the allegedly detained woman to see if she was being illegally confined by her parents against her will. .On October 10, the High Court was told that the woman was voluntarily staying with her parents. She denied being confined by her family, although she admitted that she had signed a 'marriage declaration' document before a notary public..A written statement filed before the High Court said that was happily living with her parents and that no one was compelling her to do the same. .As such, the Court concluded that there was no illegal confinement or wrongful detention. Therefore, it dismissed the plea by Sarathi (petitioner).Advocate Pravash Chandra Jena appeared for the petitioner, whereas Additional Government Advocate Arupananda Das appeared for the State government. Advocate Chittaranjan Swain appeared on behalf of the notary public, Aswini Kumar Mohanty..[Read Order]

Most notaries not aware of their duties: Orissa High Court orders State to conduct training programmes

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