Criminal Appeals: If advocate is not appearing, an Amicus Curie ought to be appointed by Court

Standard

Many times it happens that when a criminal appeal comes up for hearing in Appellate Court, for some reasons or other, the appellant is not represented by an advocate.

In such case, appeal should not be dismissed for non appearance of advocate. It also should not be decided in abscence of advocate for party.

The correct course for Appellate Court is to apoint an advocate as a Friend of Court i.e. Amicus curie and should then decide matter.

Case of Md. sukur Ali vs State of Assam, 2011(2)Scale 730 on page 734

Haresh Raichura
17/6/2012

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