Harish Salve recusal: Here is how the Queen's Counsel played a key role as Amicus Curiae

Queen's Counsel and Senior Advocate Harish Salve's recusal as the Amicus Curiae from the Supreme Court's suo moto plea on issues related to COVID-19 in the country has sparked a huge debate in the country. After ex-SCBA president Dushyant Dave cast doubts on his appointment citing his alleged "proximity to the government of the day", the senior advocate told the apex court that "we have lost the narrative when cases used to be fought gracefully". The bench of CJI SA Bobde, Justices L Nageswara Rao and S Ravindra Bhat too expressed unhappiness with such comments. 

In this context, it is important to understand the role of an Amicus Curiae. Translated from Latin as the 'friend of the court', this term implies a person who is not a party to a particular litigation, but is asked by the court to advise it in respect to some matter of law that directly affects the case in question. Perceived as someone who does not have any interest in the outcome of the case, the Amicus Curiae draws the attention of the court to arguments or information that the parties may not have presented. However, it is the discretion of the court whether to accept it or not.

Harish Salve's role as Amicus Curiae

Throughout his stellar career, Queen's Counsel Harish Salve has been appointed as the Amicus Curiae by the Supreme Court in various matters, especially in connection with environmental protection. For instance, MC Mehta had filed a plea in the apex court in 1985 expressing concern over the rising levels of air pollution in Delhi and sought a direction to implement the Air Act of 1981. The SC passed landmark directions in this case, where the former Solicitor General was the Amicus Curiae, for controlling vehicular pollution in Delhi. His suggestion to the SC that all buses in Delhi should switch to cleaner CNG fuel to fight air pollution was also accepted.

It is owing to his recommendation that the sale of diesel-run SUVs and high-end cars with engine capacity of 2000 cc or more couldn't be sold in Delhi for a brief period. This assumes significance as diesel cars are big contributors to air pollution. Moreover, he was instrumental in the formation of the Central Empowered Committee and the Environment Pollution Prevention and Control Authority. Moreover, the Queen's Counsel played a key role in introducing the concept of ‘net present value’ and compensatory afforestation funds in forest governance through the SC. He was also the Amicus Curiae in the 2002 Gujarat riot cases.