To,
Hon’ble Chief Justice of India, Hon’ble Chief Justice, Delhi High Court and Hon’ble Shri Kiren Rijiju, Minister for Law and Justice of India
Hon’ble Sir,
I am writing the present letter as a concerned citizen to raise serious concerns regarding the appointment of Senior Advocate Rebecca John as amicus curiae by the Hon’ble High Court of Delhi in the matter of RIT Foundation v. The Union of India (W.P. (C) No. 284/2015 & connected matters).
An amicus curiae is appointed to help the Court in compiling the facts, researching the laws in question and to offer a non-partisan opinion. Even laymen are aware that an amicus curiae should have no further interest except to help the Court in an unbiased manner. However, in the present case, the recent appointment of Senior Advocate Rebecca John as amicus curiae, in a matter which pertains to a grave question of law and legal policy concerning the criminalization of marital rapes by striking down of Exception 2 of Section 375 IPC, raises major concerns regarding unbiased assistance to the Hon’ble Court.
It is an established and reported fact that she is already inclined towards one side of the case, i.e. rooting for the criminalization of marital rape. It has already been recorded on multiple fora that Senior Advocate Rebecca John has publicly made several comments on the concerned laws and such issues. One such incident has also been recorded in an article published by the Bar and Bench ([Marital Rape] Exception in rape law takes away woman's autonomy over body, choice), dated 18th September 2021, i.e. before she was appointed the amicus curiae in this case, wherein she has stressed upon criminalization of marital rape.
In light of the aforesaid, it is clear that appointment of Senior Advocate Rebecca John as amicus curiae would be tantamount to injustice to the other parties and it also casts serious doubt on her ability to act in a non-partisan capacity to advise and assist the Hon’ble High Court of Delhi in the matter of such grave importance.
Therefore, in light of the aforesaid facts and in the interest of justice it is required that Senior Advocate Rebecca John be removed from the case and no further assistance be sought from her in the capacity of an amicus curiae and for the appointment of an unbiased officer of the law to act in the capacity of amicus curiae, in non-consideration of which the parties on the other side will suffer grave and irreparable loss.
Thanking you!
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