( 1 ) THIS application and the other one in the case of Bidhu Bhushan Mondal v. State of West Bengal and others, having been, moved together and with notice to the learned Additional Advocate General, Mr. Mukherjee has appeared for the respondent State of West Bengal. He has filed his powers.

( 2 ) THE applications as sought to be moved were affirmed before Shri Biswa Nath Banerjee, Notary Public, Murshidabad and as such, a point arose as to whether applications under Article 226 of the Constitution of India can be "affirmed before a Notary Public.

( 3 ) THE Rules of our Court relating to application under Article 226 of the Constitution, lay down that every petition shall be verified by the solemn affirmation by the petitioner or person or persons having cognizance of the facts stated and shall state clearly by reference to the paragraphs of the petition whether the statements are based on knowledge, information and belief, or on records, where a statement is based on information, the source of information should be disclosed and where the statements are based on records, sufficient particulars should be given to identify the records. Such provisions would be avai