Appointment of Amicus Curiae

Querist : Anonymous (Querist) 13 August 2010 This query is : Resolved
Whether the appointment of an Amicus Curiae by the Supreme Court can be challenged through a affidavit?
If the Amicus Curiae belongs to the sect of one of the parties of the case in a dispute which is between the 2 sects, can the appointment be challenged?

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Kiran Kumar (Expert) 14 August 2010
either of the parties may not put faith in amicus curiae.

but amicus curiae is merely a friend of court, but if his conduct and submissions are biased and illegal then certainly his role can be objected to.

s.subramanian (Expert) 14 August 2010
No. it is the discretion of the court to choose the amicus curiae. If his conduct and presentation of the case come under cloud,the court wil reject his views and appoint some body else. it is not for the parties to challenge such appointment on some premises and apprehensions. in fact,they have no locus standi in law to do so.

Querist : Anonymous (Querist) 14 August 2010
thanks for the prompt reply

is their any case law to support that the appointment of an amicus curiae is completely discretionary and plenary?

Has there been any instance where an Amicus Curiae has shown to be biased, and was removed by the Court?

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