Demarcating the role of ‘Amicus Curiae’: SG Tushar Mehta to the Supreme Court

Demarcating the role of ‘Amicus Curiae’: SG Tushar Mehta to the Supreme Court

A request made to the Supreme Court by the Solicitor General of India Tushar Mehta to define the character of ‘Amicus Curiae’ appointed to assist the court with information, expertise etc. The same was heard by a Bench of Justices NV Ramana, Surya Kant and Aniruddha Bose concerning the trial of the Manipur encounter case following the alleged extra-judicial killing by the Armed Forces. Well, in this case, the ‘amicus curiae’ is Senior Advocate Dr Menaka Guruswamy. 

The Bench was due to hear an application by a Special Investigating Team (SIT) officer who was released from the case once advanced to the position of DIG at Police. According to SG Mehta, the amicus curiae could not impact a matter deciding the discharge of a particular officer. SG Mehta remarked before the beginning of the hearing. Further, he even stated that there should be a clear separation of the amicus’s part since they are helpless to govern the CBI.

Lastly, the court refrained from taking any action based on SG Mehta’s request and indicated the consideration of the submission on a further date. Also, regarding the case, the court did allow the discharge of the SIT officer. 

Mihir Popat
I am a 2nd-year student of Jindal Global Law School, O.P. Jindal Global University. I stand by the concept of Kobayashi Maru that is winning a non-win situation by rewriting the rules. As a first-generation lawyer, my goal is to make never-ending contributions to the legal fraternity through my knowledge of the Law gained through hard work and perseverance.