Mane, in his petition, claimed that he came across two separate incidents in lower courts where the witnesses refused to take oath
in the name of God or by placing their hand on Bhagavad Gita as they were non-believers. The courts refused to let them depose and asked the witnesses to leave.
Hence, Mane sought for a provision to be introduced in the Act by which oath
can be taken on the Constitution.
The high court
on Friday, however, noted that the Act provides two options for oath
- one in the name of God and the other is to solemnly affirm.
"The two options clearly indicate that if a person is a believer in God or Almighty then he or she can take oath
in the name of God and if they are not believers then they can solemnly affirm to state the truth. By saying God or Almighty, the Act has ensured that there is no reference or attachment to any religion, caste or creed," Chief Justice Chellur said.