Overview
- Acting in a recurring procedural issue, a bench of Justices Dipankar Datta and Satish Chandra Sharma advised appellate courts to notify convicts at recorded addresses before appointing an amicus when counsel is absent.
- Courts should have the registry serve notice through the jurisdictional police station, with affixation on the premises counted as sufficient compliance if service fails or is refused.
- Upon notice, a convict may contact and instruct the amicus, and if the convict engages private counsel, the court may hear that lawyer alongside the amicus.
- If the notified convict remains unresponsive, appellate courts may proceed to decide the appeal, a step the Court said would reduce later unfairness claims and help clear long-pending dockets or confirm abatement.
- In the case of Bhola Mahto, the Supreme Court partly allowed the appeal and remitted it to the Jharkhand High Court, reiterating stricter Anokhi Lal safeguards for death or life cases and noting that bail misuse must be dealt with firmly.