Report No. 198

(Q) 13. Should the Court appoint an amicus curiae in every such case, where witness protection is to be or likely to be granted, to assist the Court independently both at the preliminary hearing referred to above and at the trial?

This is regarding appointment of amicus curiae in cases where witness protection is to be or likely to be granted. Here, question is whether it should be appointed in every case or not?

In all 23 out of 39 respondents (3 State Governments, 8 Senior Police Officials and 12 others) have opined that amicus curiae should be appointed in each case where witness protection is to be or likely to be granted, to assist the court independently both at the preliminary hearing and at trial.

In 7 responses (4 from State Governments, 2 others and one Judge of High Court), it is suggested that amicus curiae may be appointed only in exceptional cases, and not in all cases.

However, in 9 responses (3 from State Governments, 1 from Police official, 2 from Judges and 3 others) it is stated that there is no need to appoint amicus curiae in any case.