Kerala High Court Approves State's Revised Framework For Appointment Of Public Prosecutors, But District Judge's Opinion To Get "Due Primacy"
The Kerala High Court on Wednesday (08 July) approved State's draft circular governing the appointment of Public Prosecutors, while directing that the opinion of the District Judge must receive "due primacy" in the preparation of panel candidates. [2026 LiveLaw (Ker) 371]
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. delivered the judgment while disposing of public interest litigations challenging aspects of the State's proposed mechanism for appointing Public Prosecutors.
The Bench noted the submissions of the Amicus Curiae and the petitioners, who argued that Clause (3) of the draft circular failed to accord sufficient weight to the views of the District Judge while preparing the panel of eligible candidates. One of the petitioners also objected to the inclusion of the District Police Chief in the selection process, contending that such participation was inconsistent with the governing statutory framework.
The Court thus directed that the expression "due regard" in Clause (3) of the draft circular be replaced with "due primacy," thereby strengthening the weight to be accorded to the District Judge's opinion during the selection process. The Court observed that this was the only modification required in the draft circular.
With regard to the participation of the District Police Chief in the selection process, the Court held that the District Police Chief's role is limited to providing inputs regarding the antecedents of candidates and is intended to assist the selection committee in making an informed decision. It clarified that the Police Chief's opinion is not conclusive and does not override the decision-making authority of the committee. Given the importance of the office of Public Prosecutor, the Court observed that verification of a candidate's background is a legitimate consideration.
Accordingly, the Court approved the draft circular with the sole modification substituting the words "due regard" with "due primacy." The Court also recorded its appreciation for the assistance rendered by the Amicus Curiae before disposing of both writ petitions.
Case Title: Adv. Sudheer P S v State of Kerala and Ors. and connected matter
Case No: WP(PIL) 152/ 2025and connected matter
Citation: 2026 LiveLaw (Ker) 371
Counsel for Petitioner: S K Adithyan, Shahina Noushad, Krishna S Karunakaran, Anu Chandrakumar, Niharika Hema Raj
Counsel for Respondent: K. Jaju Babu (AG), B.G. Harindranath (Sr.), Rema R. (GP), Harikumar G,
Amicus Curiae: P. Deepak