For the second time in the Sahara versus market regulator SEBI dispute, eminent jurist Fali S. Nariman has a role to play.
The senior advocate, appointed by a Bench of Justices T.S. Thakur and A.K. Sikri on Wednesday as the Supreme Court’s friend or amicus curiae , had appeared for Sahara India in the case before a Bench led by the then Chief Justice of India, S.H. Kapadia.
Again, it was a complaint from Mr. Nariman in this case about how a confidential proposal was allegedly leaked to a business channel which acted as a trigger for Justice Kapadia’s court to re-look media guidelines for court reporting.
But Mr. Nariman, who was sought out to assist the court on court reportage by Justice Kapadia’s Bench, had gone on to boldly oppose the court passing any binding restrictions on the freedom of press.
Wednesday’s judgment reasons that the “nature of proceedings and stakes involved” requires Mr. Nariman’s assistance as amicus . “We did not know. All we want is someone who will help us dispassionately and objectively. Since we have passed an order, we will see if he (Nariman) declines and says ‘no’ for whatever reason, then we will pass another order,” Justice Thakur observed.
If Mr. Nariman agrees, the court has directed a payment of Rs. 1.10 lakh to him and 10,000 each for two juniors of his choice per hearing.
