Supreme Court Orders Courts to Notify Convicts Before Appointing Amicus Curiae in Criminal Appeals

Supreme Court Directs Notification Before Appointing Amicus Curiae The Supreme Court has issued a procedural guideline to ensure that convicts are informed before a court appoints an amicus curiae in their criminal appeals. The direction arose from a case where an appellant’s appeal lingered for over two decades, and the High Court proceeded without informing him. Key Developments The bench of Justice Dipankar Datta and Justice Satish Chandra Sharma highlighted the need for a notice to be served to the convict via the jurisdictional police station. A procedural framework, building on Anokhi Lal v. State of Madhya Pradesh (2019) , was laid down to handle absent counsel and amicus appointments. The Court emphasized that convicts misusing bail under Section 389 Cr.P.C. must face firm judicial action. Procedural Framework (as prescribed) When an appellate court deems it necessary to appoint an amicus , it should issue a notice to the convict’s address mentioned in the memorandum of appeal, served through the police station. If the convict wishes his own counsel to argue, the court may hear both the counsel and the amicus. If personal service fails, posting the notice on the outer wall of the address suffices. Should the convict remain unresponsive, the court may proceed to decide the appeal without further delay. Important Facts from the Case The appellant’s conviction under Section 302 IPC was partially altered to Section 304 Part II IPC by the amicus. The appellant claimed he was not informed about the absence of his counsel or the appointment of the amicus. The Supreme Court declined to entertain fresh grounds of acquittal but revived the appeal for fresh hearing in the High Court. The judgment reiterates the requirement that amicus appointments in capital or life‑imprisonment cases must be by advocates with at least ten years of experience, as mandated in Anokhi Lal . UPSC Relevance Understanding this judgment is crucial for GS‑2 (Polity) and GS‑4 (Ethics) as it touches upon: Judicial safeguards ensuring the right to a fair trial and effective legal aid . Procedural aspects of criminal law, especially the role of amicus curiae and the importance of notifying parties. Implications of bail provisions under Section 389 Cr.P.C. and the need to prevent abuse of the criminal justice system. Way Forward Courts should institutionalise the notice‑serving mechanism to avoid technical challenges before higher courts. Lawmakers may consider amending procedural rules to make the notification step mandatory, thereby enhancing transparency and reducing pendency. For aspirants, mastering these procedural safeguards will aid in answering questions on criminal justice reforms, judicial activism, and the balance between individual rights and efficient case management.