"Amicus Can't Run The Govt, CBI Administration":SG Tushar Mehta Requests Court To Demarcate Role Of Amicus Curiae

Solicitor General Tushar Mehta on Monday while addressing Supreme Court's Bench led by Justice NV Ramana urged the Court to demarcate lines upto which the Court can be assisted by Amicus.

"I request Your Lordships to demarcate lines upto which the Court can be assisted by Amicus. I'll move an application. We've been seeing this for decades" SG Mehta submitted.

SG Mehta also said "I'm not imputing motives on any Individual. But role & ambit of their assistance needs to be decided by Court. They cannot be running the government "

SG Mehta made these statements while making submissions before the Top Court in a PIL regarding killings in fake encounters by police personnel and personnel in uniform of the armed forces of the Union.

With regards to the issue of discharge of an officers from SIT probing the alleged extra judicial killings, SG Mehta said 'On these issues, the Amicus can have nothing to say."

"They've been appointed by the Court" the Bench said.

"They are for purpose of assisting when assistance is required. They cannot run CBI's administration. I am a little blunt, but deliberately blunt. Your Lordships can they can't. " SG Mehta submitted.

"They can assist on question of law, and they have assisted substantially " He added.

SG Mehta further submitted that the Amicus cannot run CBI, and their role should be demarcated.

SG Mehta added " This is not in this matter, this is happening every day in every matter with everyone. The amicus is a concept where your lordships needs some assistance on proposition of laws, when there are divergent views. They are not supposed to be telling that you shouldn't do this or that"

The Bench asked SG Mehta to reserve that argument for when he makes submissions.

"You are a senior counsel, Solicitor General of India. We know, the Amicus also knows what extent they can make submissions. Don't bring other things to this present day matter." the Bench observed.

SG Mehta clarified that his statements are general statements and were not about Sr Advocate Maneka Guruswamy, the amicus curiae in the present matter.

"What's the interest of Amicus. They've been appointed by the Court" the Bench asked.

"I'm not imputing motives on any Individual. But role & ambit of their assistance needs to be decided by Court. They cannot run the govt" Mehta said.

The Supreme Court was hearing applications filed in the PIL regarding killings in fake encounters by police personnel and personnel in uniform of the armed forces of the Union.

The Bench was considering request of Senior Superintendent of Police Mahesh Bhardwaj in the NHRC seeking discharge from the SIT formed to investigate alleged fake encounters in Manipur

A three judge Bench led by Justice Ramana allowed the officer to he discharged to his parent department to join on his promoted post, and has directed the Centre provide a suitable officer to the NHRC expeditiously.