Applicability of Evidence Act in writ jurisdiction.
Swami Sadashiva Brahmendra Sar
(Querist) 31 March 2010
This query is : Resolved
Dear friends,
Writ petitions are decided mostly on the basis of affidavits.
Under what provision of Law affidavits are admissible in evidence ?
Further,is Evidence Act applicable to petitions under Art. 226 of the Constitution ?
Parveen Kr. Aggarwal
(Expert) 31 March 2010
Section 1 of the Indian Evidence Act, 1872:
"1. Short title, extent and commencement - This Act may be called the Indian Evidence Act,1872.
It extends to the whole of India except the State of Jammu and Kashmir and applies to all judicial proceedings in or before any Court, including Court-martial, other than Courts-martial convened under the Army Act (44 and 45 Vict.,c.58), the Naval Discipline Act (29 and 30, Vict.,c.109) or the Indian Navy (Discipline) Act,1934 (34 of 1934) or the Air Force Act (7Geo.5.,C51) but not to affidavits presented to any Court or Officer, nor to proceedings before an arbitrator;
and it shall come into force on the first day of September,1872."
Swami Sadashiva Brahmendra Sar
(Querist) 01 April 2010
Thanks Mr Parveen! Now, the issue is to be tested in the light of words in s. 1 of evidence Act "...but not to affidavits presented to any Court ..."
anantha krishna n.v. Advocate
(Expert) 02 April 2010
A little confused about your question.
Let me answer from what I understood.
Affidavits if they are taken in evidence,they are as good as any other documentary evidence as per evidence act.
In respect of writ proceedings, affidavit is NOT EVIDENCE. It is only statement of facts on oath to support your writ petition. Writ Rules specify that a wp shall be supported by the affidavit.
Swami Sadashiva Brahmendra Sar
(Querist) 02 April 2010
Thank you Mr. Anant Krishna!
It means, according to you, Evidence Act is not applicable to writ proceedings!
An Honorable Judge ( presently in supreme court)while hearing writ petitions in our high court, would often ask a question from junior lawyers, like this: " are your annexures public documents? under what provision of evidence Act your documents are admissible?"
