Gauhati HC Dismisses Lawyer's Plea Against Administering Oath In God's Name To Everyone Including Non-Believers

Mazumder averred that being a secular, liberal and scientific minded citizen, he is not at all a believer in supernatural power or entity and as per his beliefs, there is no religion greater than brotherhood and humanity and that he does not observe any religious rituals in his personal life.

He sought to set aside the aforesaid provision along with Rule 30 in Chapter IV of the Gauhati High Court Rules, 2015 which stipulates in administering oaths and affirmations to declarants, swearing is to be made in the name of God, as unconstitutional and ultra vires of Articles 25 and 26 of the Constitution of India.

The division bench of Chief Justice R. M. Chhaya and Justice Soumitra Saikia dismissed the petition on ground that there is no cause of action nor is there any factual basis to argue how the petitioner's fundamental rights under Articles 25 and 26 were being violated. "In the whole petition there is not a whisper about the fact as to how the petitioner is affected," Court said.

The Court took note of the fact that even in the present petition before the High Court, the affidavit did not adhere to Form No. 1 of the Oaths Act, 1969.

"At this stage, it would be appropriate to note that even in this petition, the affidavit is permitted without adhering to Form No.1 as provided under the Oaths Act, 1969, more particularly section 6 thereof. Considering the proviso to Section 6 of the 1969 Act and in absence of any factual basis of the contentions raised in this petition, the petition is found to be without any basis which is filed for the purposes known only to the petitioner, who is otherwise a sound Advocate. The petition does not require any consideration and the same stands dismissed. However, the question raised in this petition being general in nature is kept open. There shall be no order as to cost," added the Court.

Case Title: Fazluzzaman Mazumder v. Union of India and Others

Case No: WP(C) No. 7023 of 2022

Citation: 2022 LiveLaw (Gau) 68 

Coram: Chief Justice R. M. Chhaya and Justice Soumitra Saikia

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