Advocate Attesting Affidavit Not Responsible for Its Contents: Supreme Court Dismisses ‘Malicious’ Complaint Against Lawyer

The Supreme Court clarified that an advocate who merely attests or identifies a deponent in an affidavit is not responsible for the truth or accuracy of its contents. The case arose when an advocate attested an affidavit filed in court, but a complainant accused her of involvement in forgery, perjury, and cheating. Both the High Court and the Supreme Court found that she had not sworn the affidavit nor had knowledge of its content, and therefore could not be held liable. The Court described the complaint as malicious, absurd, and untenable. It further criticized the Bar Council for entertaining such a complaint without legal basis and found its actions perverse. As a deterrent against frivolous harassment of advocates, the Court imposed costs of ₹50,000 each on the complainant and the Bar Council, payable to the lawyer. The judgment reinforces that attestation by a lawyer is a procedural act and does not imply responsibility for the substantive contents of the affidavit.