The HC came across discrepancies in the affidavits submitted in a bunch of petitions.
Mumbai: The Bombay High Court on Friday said notaries (person authorised to perform certain legal formalities) working from taxis and private cars parked outside court premises were degrading the legal profession.
A division bench of Justices S J Kathawalla and M N Jadhav took note of several instances of malpractices by such notaries.
The HC came across discrepancies in the affidavits submitted in a bunch of petitions.
"It has recently been observed that notaries have started notarizing documents from vehicles parked in a public parking lot instead of an office/chamber. It has also been observed that notaries have been operating from taxis around the vicinity of this court," the order said.
The bench noted that this practice has degraded the legal profession, causing anguish not only to the judiciary but also lowering the dignity of the profession in the eyes of general public.
The court said that while it was aware that several lawyers had to give away their office premises amid the COVID-19 pandemic, but the dignity of the profession needs to be maintained and it cannot be allowed to function from the streets.
"We are also not able to understand how the Municipal Corporation of Greater Mumbai (MCGM) and also the appropriate authority have not taken any action till date in regard to the functioning of advocates and notaries from parking areas and streets manned by the civic body," it said.
The court said it cannot be disputed the presence of notaries in close proximity of court premises was essential.
"Therefore, it is recommended notaries be provided with a designated place in and around the premises of courts without notaries having to incur the costs towards purchasing, renting an office or chamber," the bench said in its order.
The court in its order directed the Department of Legal Affairs to consider certain recommendations to the draft Notaries (Amendment) Bill, 2021, which proposed digitization of the records of a notary.