Amicus curiae appointed to assist court can't file plea for private party without permission: HC

The Delhi High Court Wednesday said an amicus curiae is appointed to assist the court in a matter and it has to take permission before filing a plea on behalf of a private party.

The high court made this observation while hearing a plea by one of the four death row convicts in the Nirbhaya gang rape and murder case, which was filed by the amicus curiae who was appointed by a trial court to represent him.

Convict Mukesh Singh's plea in the high court seeking to set aside the death warrant issued by the sessions court was filed by advocate Vrinda Grover who was appointed as amicus curiae by the trial court.

At the outset of the hearing as well as at the end, a bench of Justices Manmohan and Sangita Dhingra Sehgal commented that Grover, who was appointed as amicus curiae by the trial court, ought to have taken permission before moving the instant petition.

"The amicus is a friend of the court, a confidant. You are there to assist the court and not take any sides. As amicus, you should have taken leave of the court before moving the petition on behalf of one of the convicts.

"Court has to authorise you and you cannot suo motu file the petition on behalf of a private party. It is not only a matter of procedure, but is also a matter of courtesy towards the court," the bench said.

An amicus is put on a high pedestal by the courts, it added.

Senior advocate Rebecca John and Grover, the two lawyers representing Mukesh, told the court that they were not appearing for him "happily", but were only doing their duty as lawyers.

"We are doing it out of duty because we wear this coat and gown," they said.