8. AMICUS CURIE :
Means a person who is friend of court who voluntarily instructs the court upon a matter of law with respect to which court is doubtful or mistaken.
Such person is appointed by court but not by the parties. He can inform the court of such facts, the knowledge of which is essential for proper disposal of case.
Counsel / Advocate in court frequently act as amicus curie when they are having authority. He does not act on the instruction of any client. He has strong view on ideas or interest in subject matter but he is not party to action
Amicus curie has power to enter into any phase of litigation with leave of court. Court has inherent right to appoint such person. Such need may arise mostly for public interest litigation rather than private ends. Also the appointment may be made for protection of vulnerable groups (such as children, women, S.C. & ST.). He has no right to intervene in litigation as private party of case.
Supreme Court has directed the guidelines as below :
No advocate can refuse to act as an amicus curie.
Economic support to amicus curie will be given by state, he has to work at the cost given by court.
Court has got inherent power to appoint such number of amicus curie.
The personality of amicus curie should be sensitive, Sincere & responsible.
He has power to enter into any step of litigation only after taking permission from court.
Amicus curie is the person who is appointed by court at cost of state when accused was unable to defend himself due to pecuniary inability.
He has to assist the court on question of law & or facts. Act in good faith, has to interpret the issues. If any party to suit is dead, has to inform the court. If case is fictitious or malicious, then he has to suggest the court for dismissal of case. Introduce new evidences or file a brief only when they are justifiable & satisfactory by court.
He has no control over the litigation, cannot file new suit, cannot frame new issues in existing case. Cannot file pleading to the court, cannot draw the case, cannot ask for re hearing of that particular case.
Economic support to amicus curie will be given by state, he has to work at the cost given by court.
Court has got inherent power to appoint such number of amicus curie.
The personality of amicus curie should be sensitive, Sincere & responsible.
He has power to enter into any step of litigation only after taking permission from court.
Amicus curie is the person who is appointed by court at cost of state when accused was unable to defend himself due to pecuniary inability.
He has to assist the court on question of law & or facts. Act in good faith, has to interpret the issues. If any party to suit is dead, has to inform the court. If case is fictitious or malicious, then he has to suggest the court for dismissal of case. Introduce new evidences or file a brief only when they are justifiable & satisfactory by court.
He has no control over the litigation, cannot file new suit, cannot frame new issues in existing case. Cannot file pleading to the court, cannot draw the case, cannot ask for re hearing of that particular case.
