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2026 Supreme(Online)(SC) 1050

SUPREME COURT OF INDIA
Sanjay Karol, Augustine George Masih, JJ
WASIM AKRAM – Appellant
Versus
SANTOSH – Respondent
Petition(s) for Special Leave to Appeal (C) No. 2568/2026 | SLP(C) No. 3129/2026 (IV-A)



Advocates:
For the Appellants/Petitioners: Prashant Kenjale, B Dhananjay, Juristrust Law Offices
For the Respondents: Awantika Manohar, Shivam Singh

The court ensures the right to legal representation for respondents who fail to appear by appointing an amicus curiae and specific counsel to protect the parties' interests and assist the court in the adjudication process.

Headnote:The matter involves a Special Leave Petition arising from a final judgment and order passed by the High Court of Karnataka. Despite the completion of service of notice, the respondents failed to enter an appearance before the court. The court addressed the issue of ensuring fair representation for the non-appearing respondents. To protect the interests of the parties and assist the court, the court appointed a specific counsel for the second respondent and an amicus curiae for the first respondent, directing the amicus curiae to inform the respondent of their right to legal representation. List on 13.04.2026.

Table of Content
1. verification of service of notice to respondents. (Para 1)
2. appointment of counsel and scheduling of pleadings for a non-appearing respondent. (Para 2 , 3 , 4)
3. appointment of amicus curiae to safeguard the rights of an unrepresented party. (Para 5 , 6 , 7 , 8 , 9)
4. administrative directions for registry communication and case listing. (Para 10 , 11 , 12)

These matters were called on for hearing today.

Upon hearing the counsel the Court made the following

O R D E R

1. As per the Office Report dated 26.02.2026, service of notice on the respondents is complete; however, none has entered appearance on their behalf.

Signature Not Verified

Digitally signed by

NAVEEN D

Date: 2026.03.10

18:55:23 IST

Reason:

2. We request and appoint Ms. Awantika Manohar, learned counsel, who usually appears on behalf of respondent no.2- The New India Assurance Co. Ltd.

3. Learned counsel for the petitioner to serve a copy of the present petition to the learned counsel for respondent no.2 within a period of two (02) weeks.

4. Let counter affidavit be filed within three (03) weeks. Rejoinder affidavit thereto, if any, be filed before the next date of listing.

5. Further, we request and appoint Mr. Shivam Singh (e.mail id:advshivam777@gmail.com; enrolment no.:D/14023/2025), learned counsel, who is present in the Court, as amicus curiae (pro bono) to assist the Court on behalf of respondent no.1.

6. The Registry is directed to supply the complete paper book in digital form to the learned amicus curiae within a period of three working days.

7. Learned amicus curiae shall endeavour to get in touch with the respondent no.1 directly, in writing, apprising him of the pendency of the present petition; the passing of the present order; his right to engage a counsel of his choice; and his right to be represented through a legal aid counsel, subject to eligibility.

8. Learned amicus curiae shall also get in touch with the Chairperson of the concerned District Legal Services Authority, who shall have respondent no.1 apprised of his aforesaid rights.

9. It is clarified that the learned amicus curiae shall continue to assist the Court even if respondent no.1 is represented by a duly engaged counsel.

10. The Registry shall communicate this order to all concerned forthwith.

11. The Registry shall print the name of the learned amicus curiae and the learned counsel for respondent no.2 in the cause list.

12. List on 13.04.2026.

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