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Nirbhaya Case: SC overrules Defense Lawyer’s objection to appointment of Amicus Curiae

July,11,2016:

Two Senior Advocates appointed by SC to represent Four Death row Convicts.

Nirbhaya Trial
Nirbhaya Trial

The Supreme Court today was constrained to clarify that the two Amicus Curiae (Friend of the Court) appointed by it in the December 16 Gangrape appeals with four death row convicts does not in any manner undermine the credentials of the lawyers engaged by the convicts.

Justice Dipak Misra heading a three-judge bench made these remarks when one of the defense counsel appearing for two convicts stated in the Court that “erroneous aspersions are being casted” in the minds of people regarding the professional capability of defense lawyers on account of this action.

Bench consisting of Justices C Nagappan and R Banumathi, clarified that the courts have been appointing amicus curiae even when parties have engaged their private counsel but this never means that the counsel for accused is not competent.

M L Sharma, Advocate appearing for two convicts, pointed out to a media report and said it was reported that lawyers engaged by the convicts were “not competent” after the amicus curiae were appointed in the matter.

Even in matters in which senior advocates have appeared, Court has appointed amicus curiae, Bench said.

You shall not be deprived from arguing the case on July 18.

The Apex Court bench also allowed victim’s mother seeking to implead her as a party in the case through an application.

On April 8, senior advocates Raju Ramachandran and Sanjay Hegde were appointed as amicus curiae to assist the court in the matter.

While Ramachandran was to assist the court for convicts, Mukesh and Pawan, other two convicts, Vinay Sharma and Akshay Kumar Singh were to be assisted by Hegde.

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