The Kerala High Court has approved a draft circular governing the appointment of Public Prosecutors after directing one significant change. The Division Bench held that while preparing the panel of candidates, the opinion of the District Judge must receive “due primacy” instead of merely “due regard.”
Background of the Case
The decision came in two connected Public Interest Litigations—one filed by Advocate Sudheer P.S. and another by Vishnuprasad Nair. The petitioners raised objections to the proposed circular, arguing that it did not adequately recognize the District Judge’s role in selecting Public Prosecutors. One petitioner also questioned the inclusion of the District Police Chief in the selection process.
After hearing the Advocate General, the High Court administration, the Amicus Curiae and the parties, the Bench accepted the concern regarding Clause (3) of the draft circular.
“The only modification called for is in Clause (3) of the said draft circular where, instead of the expression ‘due regard’, the expression ‘due primacy’ shall be used,” the Bench observed.
On the objection to involving the District Police Chief, the Court declined to interfere. It noted that the police chief’s role is limited to providing background inputs about candidates and that such opinion is not final or binding. According to the Bench, these inputs help ensure that candidates considered for the important public office have suitable antecedents.
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The High Court approved the draft circular with the single modification replacing “due regard” with “due primacy” in Clause (3). The Bench also recorded its appreciation for the assistance rendered by the Amicus Curiae before disposing of both PILs.
Case Details:
Case Title: Adv. Sudheer P.S. v. State of Kerala and Others (Connected with Vishnuprasad Nair v. State of Kerala and Others)
Case Number: WP(PIL) No. 152 of 2025 (Connected with WP(PIL) No. 131 of 2026)
Judge: Chief Justice Soumen Sen and Justice Syam Kumar V.M.
Decision Date: 8 July 2026
