KHCAA Objects To Appointment Of Law Students As Amicus Curiae In NDPS Bail Case, Writes To CJ Seeking Rules Of Engagement
Pranav B Prem
The Kerala High Court Advocates’ Association (KHCAA) has addressed a letter to the Hon’ble Chief Justice of the Kerala High Court expressing its “strongest displeasure” over the appointment of two second-year law students as Amicus Curiae in a bail matter under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The controversy stems from a judgment dated 12 August 2025 of the Bench of Justice Bechu Kurian Thomas (Neutral Citation: 2025 KER 60624), wherein the Court appointed Nikhina Thomas and Neha Babu, both interns and second-year students from Ramaiah College, Bengaluru, as Amici Curiae. The judge noted that their commitment during the proceedings had prompted the Court to entrust them with the role.
In its letter, the KHCAA objected the decision, stressing that the appointment of law students trivialises the office of Amicus Curiae, which is traditionally reserved for senior advocates, practicing lawyers, or domain experts. “The Hon'ble Court normally appoints a Senior Advocate or an advocate to assist the Court and in case of any specialised area where the Court requires technical assistance, then an expert in the field is appointed,” the Association said.
The KHCAA also emphasised that in the bail matter, competent legal representation was already available on both sides, rendering the appointment of additional Amici questionable. The Association added that law students have no standing under the Advocates Act, 1961, and that their appointment undermines the active assistance rendered by advocates in court. It remarked, “Appointment of Amicus is a very serious issue and the exercise cannot be made as 'routine or trivial' by appointment of 'law students' as Amicus. If the Hon'ble Court required active legal assistance on a question of law, it ought to have appointed a Senior Advocate or any other advocate at the Bar. The Judge ought to know that this Hon'ble Court is not a training institution for law students and encouraging 'growing buds' is the duty of the law school.”
Highlighting the significance of the underlying case, which involved a bail application concerning commercial quantities of Ganja, the KHCAA pointed out that the legal nuances extended beyond precedents and required deeper engagement, including systemic failures in narcotics investigations. Citing statistics, the letter recorded that drug-related arrests in Kerala surged by 360% between 2016 and 2022, underscoring the need for expert assistance rather than academic exposure. It further said, “Taking this into consideration, the Hon'ble Court could have addressed the 'technical failures' of the police while dealing with 'narcotics offenders' that results in uncontrolled rise of 'drug abuse'. The issue remains untouched and a senior advocate could have brought that perspective to the issue.”
Further, the KHCAA stressed the need for formal rules regarding the appointment of Amicus Curiae under the Kerala High Court Rules, 1971. It reiterated its long-standing demand for KHCAA-nominated members on the High Court Rules Committee instead of judicially nominated ones. The Association also unveiled an initiative to set up a dedicated research facility to encourage continuous legal scholarship, suggesting that researchers from this pool could be enlisted as Amici based on expertise.
“The judicial system cannot be made a mockery of by appointing law students as 'amicus' even if the intent may have been to encourage law students,” the letter stated, while also pointing to provisions of the Advocates Act which restrict legal practice to enrolled advocates. It recalled that even the Solicitor General of India and the Supreme Court had emphasised the need for a structured and transparent mechanism for such appointments.
Concluding, the KHCAA said, “The KHCAA places on record its strongest displeasure and hopes that the act of appointing persons who are not advocates as Amicus will not be repeated by any Judge of this Hon'ble Court and we express hope that the Rules of the High Court of Kerala will be amended to bring in transparency in the appointment of 'Amicus'.”
