LITERAL MEANING
Friend to the court
ORGIN
Latin
EXPLANATION
Amicus curaie literal meaning is a person or a party who is the friend to the court , the one who assists the court by furnishing information or advice regarding questions of law or fact. It includes either organization or any person/party.
The person or the organization who/which is not a party to the proceedings, but has the permission given by the court to carry forward legal arguments or to collect and furnish information regarding questions of law and recommendations in a given case.Private persons may appear as amici curiae in the Supreme Court, either if both parties consent or if the court grants permission.
In general, Amicus Curiae is someone who is not a party to the litigation, but who believes that the court’s decision may affect its interest. The person who is selected by the Indian courts for this purpose are purely unbiased and spirited individual who acts in good faith only. The decision of whether to admit the information or dismiss it provided by the Amicus Curiae lies with the discretion of the court.
ILLUSTRATION
Rishidev is not a party to an action, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court‘s decision. Such briefs are called “amicus briefs.”
CASE LAWS
Mulla & Another vs State Of Uttar Pradesh
The Supreme Court held that the learned amicus curiae fairly stated that no family member ever approached during the entire proceedings enquiring these appellants. The perusal of the case records also shows that no one is depending on them and no family responsibility is on the shoulders of these accused persons.
Ramrameshwari Devi & Ors vs Nirmala Devi & Ors
The Supreme Court while looking to the importance of the matter in the case has requested Dr. Arun Mohan, a distinguished senior advocate to assist this court as an Amicus Curiae.
Jakia Nasim Ahesan & Anr vs State Of Gujarat & Ors
The learned Amicus Curiae has now submitted his final report. In light of the above conspectus and the report of the learned Amicus Curiae , the question for determination is the future course of action in the matter.
Also Read: Animus Nocendi
