court.”
2. Shri Harin P. Raval, learned Senior Advocate appearing as
Amicus Curiae relying upon the decision of this Court in the case
of Balchand ... order granting “anticipatory bail” becomes operative.
2.1. Shri Raval, learned Amicus Curiae has taken us to the
historical perspective on the inclusion of Section
Mohan, a distinguished senior advocate to assist this court as
an Amicus Curiae.
4. This is a classic example which abundantly depicts the
picture ... such good assistance is provided by the amicus curiae. In our
considered view, learned amicus curiae has discharged his
obligation towards the profession
questioned on the
touchstone of Article 14 of the Constitution. Learned amicus curiae
has contended that the impugned provision is wholly subversive of
independent investigation ... Article 14 of the Constitution
is the submission of learned amicus curiae.
4. In support of the challenge to the constitutional
validity of the impugned
sentence pending further orders.
3) We heard Ms. Ranjana Narayan, learned amicus
curiae for the appellants and Mr. Pramod Swaroop,
learned senior counsel ... relevant materials relied
on by the prosecution, Ms Ranjana Narayan, learned
amicus curiae raised the following contentions:
a) No eye-witness to the alleged incident
learned Amicus Curiae came to be appointed
the same day when the charges were framed,
which effectively means that the learned Amicus
Curiae ... trial and, on that very day, before beginning the
trial, an Amicus Curiae was appointed to represent the accused. On that
very day, the Trial
Anjani Aiyyagari, learned counsel as amicus
curiae to assist the Court.
7) Mr. Ranjit Kumar, learned amicus curiae, after highlighting various
aspects, particularly, the persons ... going to discuss after quoting the report of learned
amicus curiae.
10) Learned amicus curiae in his report submitted as under:-
“II(a) Menace
same day Sri M.A. Khan, Advocate was
appointed Amicus Curiae. The Amicus Curiae
2
3
cross-examined all these three witnesses on behalf ... learned Amicus Curiae had not sought
adjournment to avail some time to prepare the
case. This indicate that the learned Amicus Curiae
has not felt
petitioner. On 18.6.2011 the petitioner
met the amicus curiae. Mr. T.C. Yadav also met amicus curiae. However, Mr.
K.D. Panth did not turn ... Yadav met amicus curiae. However, Mr. K.D. Panth did not turn up for
meeting amicus curiae as such his affidavit dated 17.6.2011 was handed
Chairman be supplied to Mr. Raju
Ramachandran, the learned Amicus Curiae.
The learned Amicus Curiae shall examine the
report; analyze and have his own independent ... Curiae has now submitted his final report dated
25th July, 2011. In light of the above conspectus and the report of the
learned Amicus Curiae
examine the legal issue and we appointed Mr. Gaurav Agrawal as Amicus
Curiae to assist the Court, since the respondent would be unrepresented
before ... matters of appointment.
SUBMISSIONS OF THE AMICUS CURIAE
10. Mr. Gaurav Agrawal, learned Amicus Curiae, took us through the
conspectus of the legal pronouncements dealing
