1. Amicus curiae appointed to visit Red Fort and submit report; case to list after report received. (Para 2 )
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2003 Supreme(SC) 1483
SUPREME COURT OF INDIA
V.N. Khare, CJI., S.B. Sinha, J.
Rajeev Sethi and Ors. - Petitioners
Versus
Archaeological Survey of India & Ors. - Respondents
I.A. No. 3 in W.P. (C) No. 483 of 2003.
Decided On : 21-11-2003
The court may appoint an Amicus Curiae to conduct a site visit and submit a factual report to assist the court in deciding a matter based on the specific circumstances of the case.
Headnote:(A) Procedural Law - Appointment of Amicus Curiae - Court may appoint an Amicus Curiae to visit a specific location and submit a report based on the facts and circumstances of the case (Para 1).
Facts of the case:
In a writ petition, the court observed the circumstances of the matter and determined that an independent report based on a physical visit to the site in question was necessary.
Findings of Court:
The court decided to appoint a senior counsel as Amicus Curiae to visit the site along with the Solicitor General and another senior counsel to submit a formal report to the court.
Issues: Whether it is appropriate to appoint an Amicus Curiae to conduct a site visit and provide a report to assist the court in the proceedings.
Ratio Decidendi: The court exercised its procedural discretion to appoint an Amicus Curiae to ensure that factual reports are obtained through site inspections to assist in the adjudication of the case.
Result: Amicus Curiae appointed; matter listed after the report is received.
Legal Category Hierarchy
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practice and procedure
- appointment of amicus curiae (Para 2)
Table of Contents
JUDGMENT :
Seeing the facts and circumstances of the case, we appoint Shri Harish N. Salve, learned senior counsel as Amicus Curiae, who will visit the Red Fort along with the learned Solicitor General Shri K.N. Raval and Shri Kapil Sibal, learned senior counsel, on a date and time agreed between them and submit his report to the Court.
2. List after the report is received.
Order accordingly.
