The Kerala High Court was informed that the State has issued a circular, through the Law Secretary, laying down guidelines for the appointment of Public Prosecutors. This circular was presented by the Directorate General of Prosecution, which stated that the guidelines are in consonance with directions earlier issued by the Court in a suo motu matter. The Division Bench — comprising the Chief Justice and another Judge — asked the petitioner’s counsel and the High Court Administration to examine the circular and submit their respective opinions.
The matter arises from a public interest litigation filed by a former public prosecutor, who had alleged that the State had failed to frame internal administrative guidelines as earlier directed by the Court. In its prior order, the Court had held that appointments of Public Prosecutors must strictly conform to the statutory provisions under Section 18 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and that the opinion of the District Judge must be given primacy in the consultative process preceding such appointments. Accordingly, the Court had directed the State to frame internal guidelines under Section 18(3) of the BNSS.
The petition before the Court is titled Adv. Sudheer P.S. v. State of Kerala & Ors. (WP(PIL) 152/2025), by Advocates who contended that in absence of such guidelines, the appointment mechanism lacked transparency and legal validity. The circular now issued marks the State’s attempt to comply with the Court’s mandate, but the Court has not accepted it uncritically. Rather, it has sought feedback from both the petitioner’s side and its own administrative wing to ensure that the circular faithfully reflects the requirements laid down earlier — especially the requirement that the District Judge’s opinion be accorded primacy when preparing a panel of candidates under Section 18(3) BNSS.
Thus, at this stage, the circular remains subject to judicial scrutiny. The High Court has effectively reserved final acceptance pending review by the petitioners’ counsel and its own administration — signalling continued judicial oversight over the institutionalisation of the Public Prosecutor appointment procedure.
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