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What is the legal status of Oath Commissioner, Notary Public?

What is the legal status of Oath Commissioner, Notary Public?


Islamabad High Court has taken notice of the affidavit of former Gilgit-Baltistan Chief Justice Rana Shamim in which he accused former Chief Justice of Pakistan Saqib Nisar of obstructing the bail of former Prime Minister Nawaz Sharif and Maryam Nawaz. Is.
The affidavit, which appeared on social media, contained a statement on a stamp paper, which also bore the seal of approval of a London notary public.
Former Chief Justice of Lahore High Court Anwar-ul-Haq told Urdu News that what is a Notary Public and Oath Commissioner and what is the legal status of any affidavit given before him? There are people appointed by the government who certify the papers presented in the courts in day-to-day affairs which saves court time.
He said that Notary Public and Oath Commissioner are two separate posts and both have separate laws which existed before the partition of India.
Since Pakistan’s legal system is derived from British law, many of the laws are still the same as those enacted during the British Raj.
Under the judicial laws of Pakistan and the United Kingdom, no affidavit or document can be submitted to the court without the certification of the Notary Public or the Oath Commissioner. (Photo: Social Media)

Under the Notary Public Act, any lawyer applies to the relevant Deputy Commissioner to become a notary public and after his interview, he is made a notary public for three years. And after three years he has to renew this license. On the contrary, under the Oath Commissioner Act, the High Court of the province issues Oath Commissioner’s licenses to aspiring lawyers, and their job is to record any affidavit on stamp paper and write their name as a witness that they This person has testified before the court.
Under the judicial laws of Pakistan and the United Kingdom, no affidavit or document can be submitted to the court without the certification of the Notary Public or the Oath Commissioner. The Oath Commissioner only certifies the text of the affidavit, while the notary public has the power to certify documents other than affidavits.
When the former Chief Justice was asked what is the legal status of such an oath? Justice (retd) Anwar-ul-Haq said, “It is a legal document. If you say something like that and you write the same thing on a stamp paper and bring it before an oath commissioner, then there is a big difference between the two. If the affidavit proves to be false tomorrow, then legal action may be taken against you for misrepresentation by the court. Once you have submitted a certified affidavit, you no longer have the option to withdraw it.
Khawaja Mohsin believes that the job of the Oath Commissioner and the Notary Public is to make the documents ‘capable of being presented only in court’. (Photo: In Splash)

Khawaja Mohsin, secretary-general of the Lahore High Court Bar, believes that the job of the Oath Commissioner and Notary Public is to make the documents “capable of being presented only in court”. Only the person presenting such content is responsible for the content written in it. It should also be clear that a certified affidavit does not necessarily mean that your statement is true. Rather, it is the job of the court to investigate.


According to Justice (retd) Anwar-ul-Haq, the affidavit written on the stamp is submitted to the court as evidence. And since it is completed by taking a formal oath before a government official, it is a legal document to the extent of appearing in court. But whether the contents are right or wrong is determined by the court.

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