Kerala High Court Directs State To Frame Guidelines For Appointment Of Public Prosecutors Under S.18(3) BNSS

The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M, issued the direction while considering a public interest litigation alleging that the State Government has failed to comply with directions issued by the Court in an earlier judgment.

The petitioner, who is a practicing lawyer with 24 years' experience and a former Public Prosecutor, stated that the State has not framed the internal administrative guidelines mandated by the High Court.

A Division Bench led by Chief Justice Nitin Jamdar, earlier this year in Suo Motu v State of Kerala and Others (2025 LiveLaw(Ker) 247), had held that the process for appointing Public Prosecutors must strictly conform to Section 18 of BNSS, and that the opinion of the District Judge must be given primacy during the consultative process.

It was submitted that despite the Court's directive, the Kollam District Collector issued a fresh notice on November 7, 2025, inviting applications for the post of Additional Government Pleader/Additional Public Prosecutor. The notice requires applicants to list their involvement in “serious Sessions cases” but allegedly fails to define evaluation criteria or reflect the guidelines mandated by the High Court.

The petitioner alleged that the notice is “vague and ambiguous”, leaving room for arbitrary selection and potentially political consideration which is a violation of Article 14, 16, 19 and 21 of the Constitution.

The PIL asserts that without clear guidelines, the District Judge cannot meaningfully assess candidates, undermining the fairness of the process and the rights of both victims and accused to a competent prosecution.

The matter is posted for further consideration on 4 December.

Case Title: Adv. Sudheer P S v State of Kerala and Ors.

Case No: WP(PIL) 152/ 2025

Counsel for Petitioner: S K Adithyan, Shahina Noushad, Krishna S Karunakaran, Anu Chandrakumar