Kerala High Court Directs State To Operationalise Five New NDPS Courts Within 3 Months, Request Centre For Financial Assistance In A Week

The Division Bench of Chief Justice Soumen Sen and Justice C. Jayachandran, while considering a suo motu petition initiated to curb drug menace in the State, also directed the State to request for financial assistance from the Central Government within one week.

When the matter was taken up, the State Attorney submitted that three months' time may be given to establish the Special NDPS Court in Thrissur, Palakkad, and Manjeri and, to operationalise the two additional Courts at Thiruvananthapuram and Ernakulam. Considering the same, the Court directed:

“In addition to the creation of the two additional Courts, the Government shall also create NDPS Courts at Manjeri, Palakkad and Thrissur with the staff strength as already proposed by the High Court and must ensure that these posts are filled up with permanent staff…we direct the State to make the two Courts, as well as the three other Courts mentioned in this Order, operationalized within three months from date.”

The Court had earlier directed State to constitute Special NDPS Court in three districts in addition to the proposed ones at Thiruvananthapuram and Ernakulam. It had also directed the government to file a compliance report within eight weeks.

Accordingly, an affidavit was filed by the Under Secretary to the Government, Home department regarding the steps taken along with a government order sanctioning establishment of courts only at Thiruvananthapuram and Ernakulam.

After perusing the same, the Court remarked that the appointments to the 13 posts sanctioned for each of these special courts were intended to be filled up on contractual or temporary basis, without taking into consideration the request made by the High Court that the courts require permanent staff as they deal with confidential intelligence and matters relating to witness protection, which demand institutional loyalty and long-term accountability.

The Court accordingly directed the State government to appoint permanent staff in the new courts:

“If a select list for appointment of the staff…is readily available, permanent appointment can be made from such list. If, however, such list is not available, the Government may appoint or source eligible candidates from the Employment Exchange, purely on temporary basis, simultaneous with initiating necessary steps for permanent recruitment of the staff to fill up such posts. This is applicable both for the present as well as all future posts to be filled up in relation to the NDPS Courts.”

The Deputy Solicitor General of India (DSGI) submitted that the State can submit a request for getting Central Assistance for the establishment of the NDPS courts even though timelines as per the Scheme for Special Assistance to States for Capital Investment 2025-26 have expired.

“Accordingly, the State is directed to consider the said scheme and make appropriate requests to the Department of Expenditure (Ministry of Finance) for any financial assistance with respect to capital outlay to set up Special Courts, within one week from date,” the Court added.

The matter is posted on June 24 for further consideration.

Case No: WP(C) No. 29179 of 2025

Case Title: Suo Motu v. State of Kerala and Ors.

Counsels: Leo Lukose – High Court Administration, N. Manoj Kumar – State Attorney, O.M. Shalina – Deputy Solicitor General of India

Amicus Curiae: Hari Kumar G.

Click to Read/Download Interim Order