Guidelines for Appointment of Amicus Curiae where there is possibility of ‘Life sentence’ or ‘Death sentence’
JUDGES: UU Lalit, Indu Malhotra and Krishna Murari.
Anokhilal v. State of Madhya Pradesh, 2019 SCC OnLine SC 1637
Criminal Appeal Nos.62-63 of 2014
Dated: December 18, 2019
Issue: Fair trial, whether expeditious disposal required in criminal matters.
- In all cases where there is a possibility of life sentence or death sentence, learned Advocates who have put in minimum of 10 years practice at the Bar alone be considered to be appointed as Amicus Curiae or through legal services to represent an accused.
- In all matters dealt with by the High Court concerning confirmation of death sentence, Senior Advocates of the Court must first be considered to be appointed as Amicus Curiae.
- Whenever any counsel is appointed as Amicus Curiae, some reasonable time may be provided to enable the counsel to prepare the matter. There cannot be any hard and fast rule in that behalf. However, a minimum of seven days’ time may normally be considered to be appropriate and adequate.
- Any learned counsel, who is appointed as Amicus Curiae on behalf of the accused must normally be granted to have meetings and discussion with the concerned accused.