The Meghalaya High Court recently expressed its displeasure that the lawyer appointed as an Amicus Curiae in an ongoing suo-motu PIL did not appear before the court on the date fixed due to strike called by advocates seeking removal of Advocate General for Meghalaya.

The division bench comprising the Chief Justice Revati Mohite Dere and Justice W. Diengdoh in its order noted:

“Amicus is an officer of the Court, not a counsel for the party. An Amicus is appointed to assist the Court in arriving at a decision. And therefore, an Amicus cannot refuse to appear before the Court in cases where he is appointed as an Amicus. In fact, this conduct borders around misconduct by an Advocate. If a lawyer is appointed by a Court as an Amicus, he must appear before the Court, as it is his solemn duty. The role of an Amicus is his loyalty to justice and not to the Bar Association.”

The Court was hearing a suo-motu PIL taking cognizance of certain incidents that occurred on August 19 during a rally organised by the Khasi Students Union in Shillong. On September 7 the court had appointed Advocate Philemon Nongbri as Amicus Curiae to assist the Court in the said PIL.

However, when the matter was listed on October 6, the Amicus did not appear before the Court. 

“We are extremely pained and disturbed by the fact, that despite Mr. Nongbri, a very competent member of the Bar, having being appointed as an Amicus to assist this Court has not appeared, presumably, because of the call by the Advocates to go on strike for removal of the Advocate General,” the Court said.

The Court further observed that Amicus Curiae is a friend of the Court, not member of Bar on strike. It further emphasised that once appointed, he is duty bound to assist and the call of Bar to strike, does not apply to him.

“Infact, non-appearance of the learned Amicus today can be viewed even through the lens of contempt and misconduct. We may in future, be constrained to take appropriate action against the lawyers for failing to appear in cases where they have been appointed as Amicus,” the Court said.

The Court relieved Advocate Philemon Nongbri as an Amicus and appointed Senior Advocate K. Paul as an Amicus in the said petition.

The matter is listed again on October 9.