Court mandates "due primacy" to District Judge's opinion and justifies role of District Police Chief in new draft circular.
In a significant judgment delivered on July 8, 2026, the Kerala High Court has brought clarity and modifications to the draft circular concerning the appointment of Public Prosecutors. The division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. has mandated critical changes to ensure a more robust and transparent selection process.
The judgment was pronounced in response to two Public Interest Litigations (PILs) filed by Adv. Sudheer P.S. and Vishnuprasad Nair, challenging the draft circular issued by the State of Kerala. Both petitioners argued that the circular did not adequately prioritize the opinion of the District Judge in the preparation of the panel for appointing Public Prosecutors. Furthermore, concerns were raised about the inclusion of the District Police Chief in the selection process.
After hearing extensive arguments from the petitioners, respondents, and the Amicus Curiae, the court directed that Clause (3) of the draft circular be modified. The court emphasized that the phrase "due regard" should be replaced with "due primacy," thereby granting greater weight to the District Judge's opinion in the selection process. This change is aimed at reinforcing the judicial oversight in the appointment process, ensuring that candidates are selected based on merit and integrity.
Additionally, the court justified the inclusion of the District Police Chief in the panel preparation process. The judges reasoned that the inputs from the District Police Chief are intended to assist the committee in making informed decisions about the candidates' antecedents. While the police chief's opinion is not binding, it serves as a vital tool in verifying the candidates' backgrounds to ensure the selection of individuals with impeccable records.
The court also expressed appreciation for the contributions made by the Amicus Curiae, which played a pivotal role in assisting the court with its insights and recommendations. The judgment reflects the court's commitment to upholding the integrity and transparency of the judicial process, particularly in appointing individuals to key legal positions.
The decision has been welcomed by legal experts and stakeholders as it addresses concerns of fairness and credibility in the appointment process. The writ petitions have been disposed of with these directions, marking a significant step towards enhancing the procedural framework for appointing Public Prosecutors in Kerala.
Bottom line:-
The draft circular for the preparation of the panel for appointment of Public Prosecutors should give "due primacy" to the opinion of the learned District Judge, instead of merely giving "due regard." The inclusion of the District Police Chief in the draft circular is justified as their inputs are intended to assist in ensuring the selection of candidates with impeccable antecedents.
Statutory provision(s):
- Clause (3) of the draft circular
- Clause (2) of the draft circular
Adv. Sudheer P.S. v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2937587
