The Supreme Court has instructed High Courts to inform convicted persons before appointing an amicus curiae, a lawyer assigned by the court, to represent them in criminal appeals. The direction is aimed at strengthening procedural fairness and avoiding future challenges to court decisions.
The order came while hearing a case in which the appellant argued that he had not been informed about the appointment of an amicus curiae to argue his case before the High Court. He contended that, due to this lack of communication, important aspects of his defence may not have been properly presented.
A Bench of the Supreme Court observed that prior notice to the convict would allow better coordination between the accused and the court-appointed lawyer. It emphasised that such communication ensures the amicus curiae receives proper instructions and can present the case more effectively.
To implement this, the Court suggested that notice should be sent to the convict’s last known address, ideally through local police authorities. This would give the convict an opportunity to either brief the appointed lawyer or choose to engage a private counsel. The Court added that if a private lawyer is appointed, the High Court may hear both the privately engaged counsel and the amicus curiae, if necessary.
At the same time, the Supreme Court clarified that proceedings should not be delayed unnecessarily. If the convict cannot be located or fails to respond despite proper notice, the High Court can proceed with the hearing after completing the required steps.
The Court also pointed out that this approach would reduce the chances of convicts later raising objections on technical grounds, which often lead to delays in the justice process, particularly in long-pending criminal appeals.
Although the Supreme Court did not grant relief to the appellant in the present case, it acknowledged that informing the convict beforehand would have been a better practice. The matter has been sent back to the High Court for reconsideration.
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