Mumbai: A senior citizen, Jaisukhlal Vaghani ,74, has alleged harassment by the assistant registrar of Dindoshi Court, claiming that the latter has arbitrarily denied him a certified copy claiming that none other than the party concerned or their advocate can collect the copy.
Vaghani contends that no such law exists. Vaghani is a heart patient and on account of this, is unable to visit court every time. “I asked one of my office staff to collect the certified copy on my behalf.
Though I gave the authorised person signed photocopies of my photo identity card and a photograph of the authorised person, the Dindoshi court assistant registrar did not issue the required documents. In the past, I have obtained certified copies by following the same procedure. Even advocates get their certified copies of their cases similarly, as even they find it hard to be present in court every time,” he said.
Upset by the behaviour of the Dindoshi court assistant registrar, Vaghani sought a clarification from the principal judge of Dindoshi court, who replied, “The applicant may send his deputy with a special or general power of attorney, authorising the said deputy for applying and getting certified copies on necessary charges.”
But, Vaghani pointed out, as per the criminal chapter XXI, Para1, no special or general power of attorney is required to be given to the authorised person to get the certified copy. Since the Dindoshi court has given incorrect information, alleged Vaghani, he has now appealed to the Bombay High Court (HC) registrar to direct the small cause courts to work according to legal provisions.
He believes in today’s busy life, it is not possible even for younger people to visit courts for getting certified copies every time. He said, “As a businessman, many a time I have to face legal cases. As proof, I usually take certified copies of each of my case hearings from the court.
With this ‘new rule’, getting a certified copy will become a difficult task, So I appealed to the Bombay HC to direct all small cause courts that certified copies can be issued to the authorised person and the applicant is not required to be present in the court. It will save a lot of time.” To create awareness Vaghani also plans to file a public interest litigation (PIL) in the Bombay HC.
“I want to help those who are not represented by an advocate. Litigants who are unaware of the procedure must be facing a lot of trouble. To give the authorised person the power of attorney is an expensive and time-consuming process, as one has to approach a notary who charges hefty fees,” he remarked.
