Kerala High Court Advocates' Association Takes Exception To Appointment Of Students As Amici, Writes To CJ Seeking Rules Of Engagement

The Kerala High Court Advocates' Association (KHCAA) has written to the Chief Justice of the Kerala High Court outlining the need to incorporate Rules in the Rules of the High Court of Kerala regarding the engagement of amicus curiae in cases.

Last week, one of the Benches of the Court had appointed two law students as amici curiae in a bail application related to an offence under the NDPS Act for carrying commercial quantity of ganja. Expressing its displeasure regarding appointment of non-lawyers for assisting the court, the KHCAA stated that it hoped that such practice would not be repeated by any judge.

The letter stated that appointment of law students as amici undermines the active assistance given by the advocates appearing for the parties as well as the other advocates in the Court. This, it was stated, cannot be made 'routine or trivial'.

"The Judge ought to know that this Hon'ble Court is not a training institution for law students and encouraging 'growing buds' is the duty of the law school...If at all there is any duty on a Judge, it is to encourage young advocates at the Bar," reads the letter.

The letter further stated that appointment of a senior advocate would have been more beneficial in addressing the large question, i.e., the alarming rise of drug abuse in the state. It opined that the appointment of a senior lawyer could have helped the Court in addressing the "'technical failures' of the police while dealing with 'narcotics offenders'".

The letter also mentioned that the KHCAA is paving way to develop a research facility to help lawyers to continue to study and research into the areas of interest in law.

"The KHCAA proposed enlisting the members of the Research facility with areas of expertise so that they are available to the Courts for appointing as Amicus," the letter stated.

The letter further stated that the KHCAA has already made a representation regarding the appointment of an advocate nominated by it to the Rules Committee instead of someone chosen by the judges. According to the letter, a KHCAA nominated advocate would best represent the advocates community.