Advocate Dr. Farrukh Khan, the founding partner of Diwan Advocates, has been recently appointed as an amicus curiae in the case of Anju Sharma v. Union of India. This is a case where the widow of a Hindu Indian Migrant approached the Court to repatriate the mortal remains of her dead husband who was buried in Saudi Arabia due to a mistake of the official who mentioned the deceased to be a Muslim in the Certificate.
Amidst the functions of our Ministry of External Affairs, it is possible to get the mortal remains of a deceased from another country through the Indian Embassy. But, in this case, the mistake was made during recording the details of the deceased.
The primary responsibility of an amicus curiae is to assist the court in deciding a case being a third party to the case. In simple language, an amicus curiae is understood to be a friend of the Court. In the given case situation, Advocate Dr. Farrukh Khan, being an amicus curiae, suggested the Court to frame effective guidelines in order to avoid such situations in future.
At this stage, it is essential to understand how judiciary, as an independent entity, can make use of its authority to ensure justice. At the same time, it is also essential to understand the importance of the presence of an amicus curiae in a case where a third and impartial party's presence is extremely essential to arrive at a reasonable decision.