The Supreme Court has appointed an Amicus Curiae to assist the Court and ensure legal representation for a respondent who failed to appear despite service of notice in a Special Leave Petition arising from a criminal appeal.
A Bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh passed the order on December 5, 2025, in the case of Bharat vs. State of U.P. & Anr. emphasising the interest of justice in securing representation for the unrepresented party.
Case Background and Procedural Issue
The matter reached the Supreme Court via a Petition for Special Leave to Appeal challenging the final judgment and order dated October 8, 2025, passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 683/2024. The case was tagged with a connected matter, SLP(Crl) No. 17767/2025.
During the hearing, the Court noted the Office Report dated December 4, 2025, which indicated that the service of notice on Respondent No. 2, Subhash, was complete in both matters. However, the Court observed that “none has entered appearance on his behalf.”
Court’s Directions and Appointment of Amicus Curiae
To address the absence of representation for Respondent No. 2, the Bench decided to intervene. The Court stated, “As such, in the interest of justice, we request and appoint Ms. Jyoti… learned counsel, who is present in the Court, as amicus curiae (pro bono), to assist the Court.”
The Court issued a series of specific directions to ensuring the respondent is informed of the proceedings and his legal rights:
- Supply of Documents: The Registry was directed to supply the complete paper book in digital form to the Amicus Curiae within three working days.
- Direct Communication: The Court directed that the “Learned amicus curiae shall endeavour to get in touch with respondent directly in writing, apprising him about the pendency of the present petition; the passing of this order; his right of engaging a counsel of choice; and his right of being represented through a legal aid counsel, subject to eligibility.”
- Involvement of Legal Services Authority: Further ensuring that the respondent’s rights are protected, the Bench directed the Amicus Curiae to “get in touch with the Chairman of the concerned District Legal Services Authority, who shall also have the respondent apprised of his rights to the aforesaid effect.”
The Court clarified that Ms. Jyoti would continue to assist the Court even if Respondent No. 2 is eventually represented by a legally engaged counsel.
Conclusion and Next Hearing
The Supreme Court directed the Registry to communicate the order to all concerned parties forthwith and to print the name of the Amicus Curiae in the cause list.
Regarding the pleadings, the Court noted that the counter affidavit stood filed and granted time for a rejoinder affidavit to be filed before the next date of listing. The Bench issued a strict stipulation regarding the timeline, stating, “We make it clear that no further opportunity will be granted for this purpose.”
The matter has been listed for the next hearing on January 30, 2026.
Case Details:
- Case Title: Bharat vs. State of U.P. & Anr.
- Case Number: Petition(s) for Special Leave to Appeal (Crl.) No(s). 17254/2025 (with SLP(Crl) No. 17767/2025)
- Coram: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh
