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2003 Supreme(SC) 1614
SUPREME COURT OF INDIA
V.N. Khare, CJI., S.B. Sinha, AR. Lakshmanan, JJ.
National Human Rights Commission - Petitioners
Versus
State of Gujarat - Respondents
Writ Petition(Crl.) No. 109/2003.
Decided On : 17-10-2003
For the Petitioners:- WP 109 & Mr. P P Rao, Sr. TP 194-202 Mr. T R Andhyarujina, Sr. Mr. S. Muralidhar, Mr. Somiran Sharma, Mr. Rajat Khosla, WPD17953 In person, SLP 3770, Mr. Shanti Bhushan, Sr. (in SLP 3770), WP(Crl.)37-52 Mr. Anil B Divan, Sr. (in WP 37-52), Mr. Colin Gonsalves, Mr. Mihir Desai, Ms. Aparna Bhat, Mr. P Ramesh Kumar, WP 221 Ms. Indira Jai singh, Sr. Mr. E C Agrawala, Mr. Mahesh Agarwal, Mr. Rishi Agrawal, Mr. Manu Krishnan, SLP 7951 Ms. Jayshree Wad, Mr. Ashish Wad, Ms. Rani Bora, Mr. Anshu Bhanot, for M/s. J S Wad & Co.,WP 530 Dr. Rajeev Dhavan, Sr. Mr. Lakshmi Raman Singh, WP(Crl.) 11-15 Ms. Aparna Bhat, WP 109. Mr. P S Mishra, Sr. Mr. Arvind Sawant, Sr. Mr. Tathagat H Vardhan, Mr. Amitesh C Mishra, Dr. Indra Pratap Singh, Mr. C D Singh, Mr. R K Singh, Dr. Indra Pratap Singh, Dr. Nafis A Siddiqui, Dr. K S Chauhan, TP 194-202 Mr. Colin Gonsalves, Mr. Mihir Desai, Ms. Aparna Bhat, Mr. P Ramesh Kumar, Mr. Harish N Salve, Sr. and Mr. B V Desai Advocates.
For the Respondents.:- Union of India Mr. Soli J Sorabjee, Attorney General, Mr. A Mariarputham, Mr. Prateek Jalan, Ms. Sushma Suri, Ms. Aruna Mathur, Advocates.
For the State of Gujarat :- Mr. Mukul Rohtagi, ASG Mr. P S Mishra, Sr.Mr. Kamal Trivedi, Addl. Genl. Ms. Hemantika Wahi, Mr. Manu Shanker Mishra, Ms. Swarupa Reddy, Mr. Vishnu Sharma, Mr. Amitesh C Mishra, Mr. Dhruv Kumar Jha, R.Nos.2-22 in Mr. K T S Tulasi, Sr. Slp 3770 Mr. P H Parekh, Mr. E R Kumar, Mr. Lalit Chauhan, Mr. Vijay H Patel, WP 221 Mr. P H Parekh, Ms. Neeru Vaid, Mr. L Nageswara Rao, ASG Mr. Rajeev Sharma, Mr. Amit Mahajan, Ms. Sushma Suri, Mr. Pawan, Mr. P S Mishra, Sr. Mr. A V Sawant, Sr. Mr. C D Singh, Mr. Tathagat Harshwardhan, Dr. Indra Pratap Singh, Mr. Rajan Narain, Ms. Sheela Goel, Mr. Nikhil Goel, Ms. Sarita Gupta,Mr.V N Raghupathy, Dr. Nafis A Siddiqui, WP 530 Mr. R Venkataramani, Sr. Mr.NikhilNayyar, WP(Crl.)11-15 Mr. V N Raghupathy, Advocates.
The court possesses the procedural discretion to appoint an Amicus Curiae to assist in the adjudication of matters, particularly in complex criminal appeals involving challenges to acquittal judgments.
Headnote:(A) Criminal Law - Procedure - Appointment of Amicus Curiae - In a matter involving an appeal against a judgment of a sessions court which acquitted the accused, the court may, in its discretion, appoint an Amicus Curiae to provide legal assistance in the proceedings. (Para 1)
Facts of the case:
The respondent state filed an affidavit informing the court that it had approached the High Court to amend a criminal appeal filed against a sessions court's judgment of acquittal. Following this disclosure, the court determined that the appointment of an Amicus Curiae was necessary to assist in the matter.
Findings of Court:
The court appointed an Amicus Curiae and another advocate to assist. It further directed that a complete set of paperbooks be provided to the appointed Amicus Curiae within 48 hours and granted a six-week extension to the government counsel to file counter affidavits in related writ petitions.
Issues: Whether the appointment of an Amicus Curiae was necessary for the effective adjudication of the matter involving an appeal against an acquittal.
Ratio Decidendi: The court exercised its procedural discretion to appoint an Amicus Curiae to ensure proper legal assistance when dealing with the merits of an appeal against a lower court's acquittal judgment.
Result: Amicus Curiae appointed and directions issued for the filing of affidavits and listing of related matters.
ORDER :
UPON hearing counsel the Court made the following:
W.P. (Crl.) No. 109/2003
1. An affidavit has been filed by the Chief Secretary to the Government of Gujarat on 7th October, 2003. The said affidavit discloses that the State has moved to the High Court for amending the criminal appeal filed against the judgment passed by the Sessions Court acquitting the accused and the Court has permitted the appeal to be amended. In the aforesaid view of the matter, we feel that in this case an Amicus Curiae is required to be appointed. We request Shri Harish N. Salve, Sr. to appear in this case as Amicus Curiae which he has accepted. Mr. Bhargava V. Desai, -on-Record is also appointed as Amicus Curiae to assist Mr. Harish N. Salve, Sr. Adv.
2. List this matter as also TP (Crl.) Nos. 194-202/2003, WP (Crl.) No. D17953/2003, SLP (Crl.) No.3770/2003, SLP (C) No. 7951/2002 and WP (Crl.) Nos. 11-15/2003 on 17th October, 2003. Counter affidavit filed today in Court on behalf of Respondents Nos. 2 to 22 in SLP(C) No. 3770/2003 be taken on record.
3. Let a complete set of paperbooks be given to the learned Amicus Curiae within 48 hours by the State of Gujarat.
WP (C) No. 221/2002, WP (Crl.) Nos. 37-52/2002 and WP (C) No. 530/2002.
4. Mr. Mukul Rohtagi, learned Additional Solicitor General who appears for the State of Gujarat, prays for and is allowed six weeks' time to file counter affidavit in these matters. Rejoinder, if any, be filed within two weeks thereafter.
5. List these matters after eight weeks.
