Bombay HC frowns at BMC’s inaction against notaries on streets – Times of India

MUMBAI: Observing that the legal profession cannot be allowed to function from streets, Bombay High Court on Friday frowned at BMC for not taking action against advocates and notaries who are functioning from parking areas and streets.
“It has recently been observed that notaries have started notarising documents from vehicles parked in a public parking lot instead of an office/chamber,’’ said Justices Shahrukh Kathawalla and Milind Jadhav in their order. They annexed pictures to show “what extent the legal profession has degraded causing anguish not only to the judiciary but also lowering the dignity of the profession in the eyes of the general public/common man.” The judges said they are “unable to understand how BMC and the appropriate authorities have not taken any action till date.”
The order was passed following the “unprofessional manner in which advocates appointed as notaries are functioning’’ and the judges coming across matters where “notaries, advocates and parties are mischievously getting documents notarised.”
While the judges batted for major reform of the Notaries Act, 1952 and rules under it, amicus curiae advocate Nausher Kohli, with advocate Akash Agarwal, submitted that the Department of Legal Affairs has published the Notaries (Amendment) Bill, 2021 and invited suggestions. The draft bill proposes digitisation and automation of notarial work.
The judges directed the Department to consider their order and Kohli’s December 9 report – suggesting extensive use of technology and a model code of conduct for notaries – while amending the Act.