In a significant ruling, the Kerala High Court has directed the state government to prioritize the opinion of District Judges in the appointment of Public Prosecutors. This directive aims to ensure a more transparent and efficient process in the selection and appointment of legal officers who play a crucial role in the administration of justice.
The court's decision stems from concerns over delays in filling Public Prosecutor positions, which have adversely affected the functioning of the judicial system. The High Court emphasized that the opinion of the District Judge should hold primacy in the consultative process for such appointments, as outlined in Section 24 of the Criminal Procedure Code (CrPC) and the corresponding Section 18 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This approach is intended to uphold the integrity of the judicial process by ensuring that appointments are made based on merit and judicial insight.
The Division Bench, comprising Chief Justice Nitin Jamdar and Justice Ziyad Rahman A. A., highlighted that the existing practice of the District Collector preparing a panel of suitable candidates in consultation with the Sessions Judge must be adhered to strictly. The court underscored that any deviation from this process undermines the objective of appointing competent and impartial Public Prosecutors.
To address the issue of vacancies, the court noted that several courts either had unfilled Public Prosecutor positions or lacked sanctioned posts altogether. This situation has led to instances where prosecutors are overburdened, compromising the quality of legal representation and the timely delivery of justice. The court observed that in the past five years, there were 38 instances where the post of Public Prosecutor remained vacant for more than two months, highlighting the urgency of the matter.
In response, the court issued specific guidelines:
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The state government must give primacy to the opinion of the District Judge in the consultative process for appointing Public Prosecutors.
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The government is to frame internal administrative guidelines in strict conformity with Sections 18(3) of the BNSS. These guidelines should stipulate the methodology to ensure the District Judge's opinion is given due weight.
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The state must issue necessary directions and establish protocols to ensure that vacancies are filled without delay. Additionally, the government should consider sanctioning Public Prosecutor posts simultaneously with the establishment of new courts to prevent future delays.
The court's directive aims to reinforce the importance of judicial input in prosecutorial appointments and to ensure that the justice system operates without unnecessary hindrances due to administrative delays. By mandating the formulation of clear guidelines and protocols, the High Court seeks to institutionalize a process that values judicial insight and expedites the filling of crucial legal positions.
This ruling serves as a reminder of the judiciary's role in safeguarding the efficiency and integrity of the legal system. It underscores the necessity for collaborative efforts between the judiciary and the executive to ensure that the administration of justice is not compromised by procedural lapses or delays in appointments.
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