The Delhi High Court has directed the Central government for taking appropriate steps to amend the Notaries Act, 1952 and Rules for facilitating digitization.
A Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad ordered this while hearing a Public Interest Litigation (PIL) on the issue of digitisation of notaries.
The order said that the statutory provisions require amendment and the Central government has to broaden certain amendments under the Notaries Act, 1952 and is also required to bring these in respect of digitisation.
The Court said that as per the affidavit filed by the Delhi government, it was clear that the government had ask for comments from the Department of Law & Justice for the digitisation of the notary system. However, the Department’s response was still awaited.
The court in its order said that the affidavit filed by govt of NCT has made it clear that the government has sought comments from the Secretary of the Department of Law & Justice in respect of the digitisation of the notarial system. However, the response is still awaited.
The Court also was apprised that the High Court in Union of India vs. SR Gangurde case had already directed the Centre to consider the issue of digitisation and to complete it by June 30, 2016.
The Court noted that the complete ans thus directed the government to take appropriate steps to expedite this process.
Icon for Humanity, a law firm has filed this PIL in respect of the renewal of licenses and appointments of notaries under the Notaries Act.
In spite of the Delhi High Court’s earlier directions to the Centre for renewal of the licenses of notaries between 2016-2021, no further notification or renewal of licenses was issued by the government to date.
The plea stated that this dereliction also means that documents were being notarised by unauthorised persons which would be detrimental to the public at large.
It also said for creating an electronic system where details can be uploaded , making it more safe and Convenient.