Kerala High Court Raps State Over Delay In Establishing New Special NDPS Courts To Overcome High Pendency

The Kerala High Court on Friday (July 31) pulled up the State government for delay in implementing its order to establish and operationalise new NDPS courts in Kerala owing to large pendency of cases.

In March, the Court had ordered the State to establish Special NDPS Court in Thrissur, Palakkad, and Manjeri and, to operationalise two additional courts at Thiruvananthapuram and Ernakulam, which were earlier sanctioned by the government.

It had also directed appointment of permanent staff in these courts to ensure long-term accountability and institutional loyalty. Moreover, there was a direction for the State to approach the central government as per the Scheme for Special Assistance to States for Capital Investment 2025- 2026 for financial assistance.

The Special Bench of Chief Justice Soumen Sen and Justice C. Jayachandran today orally questioned the State as to why the courts have not been established despite repeated extension of time:

"Three courts, you just keep on postponing, postponing, postponing. Where is the result? You are supposed to have these courts established by July. That is your assurance…We are not concerned with any aspects. We are concerned with the implementation of it. We are not concerned with any practical difficulty. This matter was adjourned in order to facilitate. We are reluctant to extend the time. We extended the time on the prayer that the State will implement it. On 24th June, we extended the period. So this cannot go on indefinitely. Then we will refer the matter to the Supreme Court with our observations...stating that we have not received any cooperation."

The Court criticised the State and orally remarked that the latter cannot sit in judicial review over the Court's orders:

"They take it as if they are sitting in judicial review of our request. That is not permissible. We will not permit this to happen. State government is only the executing authority. Once the request has gone from the High Court, they cannot treat to be like they are sitting in judicial review of our order. It seems that the Executive is sitting in appeal over our recommendations. We will not tolerate this…We are not taking it lightly...…They will sit over our requirement? I find this trend here, very sorry to say. They are sitting in judgment over our…we will issue a rule of contempt against this person. We are adjourning this for two weeks. If nothing is happening, we will take up properly." 

On June 24, the Court had considered an application submitted by the State attorney seeking time to comply with the order and it had recorded the State's submission that the issue is being actively considered by the present council of ministers. It had also recorded that the Supreme Court is considering the issue of setting up of special courts for NIA, UAPA and NDPS cases in a suo motu petition.

Today, the Court further asked: "The question is whether it has been placed before the council of ministers and what decision they have taken...Whose responsibility is it to establish these courts?"

When the State's counsel replied that it is that of the State and Central governments, Justice Jayachandran orally said: "As far the constitution of the NDPS courts in this state are concerned, it is exactly the State's domain. Now, if the Centre is willing to extend some support, that's fine. Nothing wrong in it. But you cannot take a stand that unless Centre extends its support, we will not do it."

However, the State clarified that that is not the stand taken by the government. It was told that the State is experiencing practical and technical difficulties also and that it had sent a communication to the Centre regarding allocation of funds.

Justice Sen then orally responded: "You forget about the central government. It is your responsibility. Suppose the central government is not funding at all. That's your responsibility. We are not satisfied...After March nothing has been done. During March, three courts were established and after March, we are only extending the time with false assurances, I am sorry to say."

The Court also orally said that the stand of the government with respect to establishment of courts cannot change because of a change in government:

"See, government may change but the stand cannot change with regard to the establishment of the courts. On 24th June, when the matter was heard, by that time, the new government had come. And you said that because the earlier government has not placed it before the council of ministers, we are. As on date, we do not know what decision was taken by the council of ministers."

In the affidavit filed by the High Court Registrar (District Judiciary), it was stated that the total number of pending NDPS cases were 8,422 (Ernakulam - 1492, Thiruvananthapuram - 1245, Palakkad - 1055, Manjeri - 952). Referring to the same, the Court remarked that the figures were staggering.

The affidavit also mentioned that locations have been identified in Thiruvananthapuram and Ernakulam for setting up the sanctioned special courts. The Full Court had approved with respect to the one in Ernakulam and the same was communicated to the Additional Chief Secretary to the government.

With regard to the court proposed at Thiruvananthapuram, a few options were considered, with first preference to the present area where the LSGD Tribunal is functioning. Though this was discussed with the representative of the State, and action requested to implement the same, State government's response is still awaited, it is stated.

Then the Court turned to the Central Government Counsel and inquired about the status of fund allocation by Centre. The counsel assured that he would take instructions and follow up with the communication sent by the State.

It directed the State as well as the Centre to file affidavits relating to the issues for the establishment of the special courts.

"All issues relating to the establishment of the NDPS courts, already approved by the Full Court shall be resolved in the meantime," the Court added.

The case is posted after two weeks.

Case No: WP(C) 29179/ 2025

Case Title: Suo Motu Proceedings Initiated by the High Court v. State of Kerala and Ors.

Counsel: Leo Lukose – High Court Administration