The Gauhati High Court on 14-11-2022 dismissed a lawyer’s plea against administration of oath in God’s name to everyone, including non- believers, under the Oaths Act, 1969. In the matter of Fazluzzaman Mazumder v. Union of India & Others Case No: WP(C) No. 7023 of 2022 presided over by Honourable Chief Justice R. M. Chhaya & Justice Soumitra Saikia.
FACTS OF THE CASE
Fazluzzaman Mazumder claimed that he has ‘no belief in extant of God and challenged Sec 6 of the Act which prescribes Form 1, requiring a witness to swear in the name of God as a Swear of stating truth & nothing but the truth.
Mazumder asserts that being a secular, liberal & scientific minded citizen, he is not at all a neophyte in supernatural power or entity & as per his beliefs, there is no religion greater than brotherhood & humanity and that he does not attended any religious rituals in his personal life.
He sought to set aside the aforesaid provision along with Rule 30 in CH IV of the Gauhati High Court Rules, 2015 which stipulates in administering oaths & affirmations to declarants, swearing is to be made in the name of God, as unconstitutional & ultra vires of Articles 25 & 26 of the Constitution of India.
The division bench of Chief Justice R. M. Chhaya & Justice Soumitra Saikia dismissed the petition on basis that there is no cause of action nor is there any factual grounds to argue how the petitioner’s fundamental rights under Articles 25 & 26 were being violated. “In the entire petition there is not a whisper concerning the fact as to how the petitioner is overripe,” Court said.
The Court took note of the fact that even in the present petition before the HC, the affidavit did not cohere to Form No. 1 of the Oaths Act, 1969.
“At the current stage, it would be fine to note that even in this petition, the affidavit is allowed without hold together Form No.1 as mentioned under the Oaths Act, 1969, more particularly sec 6 thereof. Considering the proviso to Sec 6 of the 1969 Act & in absence of any factual basis of the disagreement raised in this petition, the petition is found to be without any basis which is filed for the use known only to the petitioner, who is otherwise a sound. Advocate. The petition does not require any consideration & the same stands dismissed. Nevertheless, the question raised in this petition being general in nature is kept open. There shall be no order as to cost,” added the Court.
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JUDGEMENT REVIEWED BY YAKSHU JINDAL.