A formal order for the appointment of amicus curiae (to assist the court) was not passed as consent of the senior advocate T R Andhyarujina, whose name was suggested, could not be taken as he was not present in the courtroom.
The order might be passed regarding this on the next date of hearing on November 26.
The proposition of appointing amicus was stiffly opposed by CBI's counsel and senior advocate Amrendra Sharan raising question on how can a lawyer be allowed to go through the status report when he is not allowed to see the contents of the report.
The CBI, however, relented when the bench headed by Justice R M Lodha said that Sharan will also be allowed to go through the reports to defend the agency in the case.
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"We are facing a problem. Nobody is there to assist us in going through the status report. We want to have assistance. We need legal assistance of somebody to assist us in looking at status report," the bench said at the outset of hearing.
"We want assistance from you as well and one independent lawyer who will be amicus curiae," the bench said when Sharan opposed the appointement of amicus.
"You must keep pace but investigation hurried is investigation burried," the bench observed.