Court Directs Prioritization and Digital Transformation to Expedite Pending Cases
In a landmark move, the Kerala High Court has issued a set of directives aimed at accelerating the execution of pending criminal processes against sitting and former Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) in the state. The court's decision comes in response to a report from the Registrar (District Judiciary) highlighting significant delays in these cases. The bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V. M., in its order dated September 29, 2026, emphasized the need for prioritizing the execution of criminal processes to ensure timely justice.
The court has instructed that processes issued by criminal courts be given utmost priority and executed without undue delays. The directions from the precedent case, Hamsa v. State of Kerala, 2018 KER 21574, regarding the proper service of process, were reinforced to be strictly adhered to.
In an effort to streamline the execution process, the court has mandated that two police officers from each station be exclusively deputed for process duty, as per the guidelines in Circular No. 83536/L1/09/Home dated May 15, 2012. Additional officers may be deputed if necessary, and their performance will be monitored through regular duty diaries. The court has also called for disciplinary action against officers who repeatedly violate procedural norms.
A significant highlight of the court's directive is the emphasis on utilizing digital tools to aid process execution. The Kerala Electronic Processes (Issuance, Service and Execution) Rules, 2025, have been enforced to facilitate electronic service of processes through platforms like WhatsApp. The authenticity of these processes can be verified via the DCMS portal or by scanning a QR code. Investigating officers are required to collect and electronically maintain the accused and witnesses' communication details for efficient service of processes.
The court has also proposed the reconstitution of coordination committees at the Magistrate Court, District, and State levels to enhance collaboration between courts, police, and nodal officers, thus resolving service and execution issues effectively.
Furthermore, the court has advocated for the use of video-conferencing facilities to avoid unnecessary delays in securing the appearance of accused persons and witnesses. In line with this digital shift, a pilot project for digital sharing of criminal processes has been initiated in select judicial districts, which may be extended statewide to improve efficiency.
The report indicated that, as of September 17, 2026, there were 22 cases pending execution for over five years, with an additional 26 cases pending for more than two years. The state has been instructed to consider this consolidated list while filing the progress report, with the matter set for further hearing on November 3, 2026.
Bottom Line :
Pending criminal cases against sitting/former MPs and MLAs - High Court issued directions to expedite execution and service of criminal process by prioritising process execution, deputing exclusive police officers, enforcing electronic service under the Kerala Electronic Processes (Issuance, Service and Execution) Rules, 2025, reconstituting coordination committees at court, district and State levels, using video-conferencing, and strengthening digital monitoring of unexecuted process.
Statutory provision(s):
- Kerala Electronic Processes (Issuance, Service and Execution) Rules, 2025
- Circular No. 83536/L1/09/Home dated 15.05.2012
- Hamsa v. State of Kerala, 2018 KER 21574
Suo Motu v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2989328
