New Circular On Appointing Public Prosecutors Ignores Consultation Process Under S.18 BNSS: Amicus Tells Kerala High Court
The Kerala High Court was informed on Wednesday (17 December) that the circular issued regarding guidelines for the appointment of Public Prosecutors is not in accordance with the directions issued in Suo Motu v. State of Kerala and Others.
A Division Bench led by Chief Justice Nitin Jamdar, earlier this year in a suo motu proceedings initiated by the High Court 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.
The Division Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V.M. were considering the writ petition, by a former public prosecutor alleging that the State has not framed the internal administrative guidelines mandated by the High Court in the afore case.
Earlier, the Court was informed that a circular had been issued by the Law Secretary of the State regarding guidelines for the appointment of Public Prosecutors and the Director General of Prosecution submitted that the circular was in consonance with the directions issued in Suo Motu v. State of Kerala and Others.
Today, when the matters was taken up, the amicus curiae informed the Court that the circular issued on 3 December 2025 was not in consonance with the afore judgment of the Court.
“There is no consultation as contemplated under Section 18(3) of BNSS” he added.
It was further submitted that a note on this regard will be submitted before the Court by the next posting date.
The Court thus directed the amicus curiae to place a copy of the note in the office of Advocate General as well and directed the government pleader to get instruction on receiving the note.
“We expect that the State will not bring the matter to a position where the Court has to invoke the contempt jurisdiction.” the Court warned.
The case is posted on January 8, 2026 for further consideration.
Case Title: Adv. Sudheer P.S. v. State of Kerala and Ors.
Case No: WP(PIL) 152/ 2025