Raveendran, C.J.--1. The petitioner, an Advocate and Notary, has filed this Public Interest Litigation seeking a direction to the respondents (State of Madhya Pradesh and the High Court of M.P.) to issue suitable directions to Judicial Magistrates not to administer oaths and affirmations in respect of affidavits meant for purposes other than judicial proceedings. He has contended that the power to administer oath in respect of affidavits other than those intended to be used in judicial proceedings, lies only with Notary Public or persons specially empowered by the State Government in that behalf; and that as Judicial Magistrates are not so empowered, they are not entitled to administer oath to such affidavits.

2. We may first refer to the relevant provisions of law bearing on the issue.

2.1. Section 139 of the Code of Civil Procedure, 1908 ('CPC' for short) provides as to who should administer oath in regard to affidavits for purposes of the said Code. It reads thus :

"In the case of any affidavit under this Code:

(a) any Court or Magistrate, or

(aa) any notary appointed under the Notaries Act, 1952; or

(b) any officer or other person, whom a High Court may appoint in this behalf