District judge’s opinion must get ‘primacy’ in picking public prosecutors: Kerala High Court

3 min readNew DelhiUpdated: Jul 10, 2026 10:18 AM IST

The high court was hearing two public interest litigations (PILs) challenging the procedure for appointment of public prosecutors under the Kerala government’s draft circular. (AI-generated image)

Directing that the district judge’s opinion must be given “due primacy” while appointing public prosecutors, the Kerala High Court has approved the state’s draft circular regulating the preparation of the appointment panel and the selection process of the candidates.

A bench of Chief Justice Soumen Sen and Justice Syam Kumar V M was hearing two public interest litigations (PILs) challenging the procedure for appointment of public prosecutors under the draft circular.

“…we feel that 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 July 8 order said.

Amicus curiae and Senior Advocate P Deepak stated that Clause (3) of the draft circular did not clearly prioritise the district judge’s opinion when preparing the appointment panel.

Chief Justice Soumen Sen and Justice Syam Kumar V M issued the direction on July 8.

Appearing for the petitioners, advocates S K Adhithyan and Shahina Noushad, along with others, argued that the draft circular did not properly consider the district judge’s opinion in preparing the list of candidates to be appointed as public prosecutors. In another petition, it was submitted that the inclusion of the district police chief in clause (2) of the draft circular was not in accordance with the law.

The high court said there was a valid reason for involving the district police chief in the appointment process of public prosecutors. The police chief’s input benefits stakeholders in making an informed decision when selecting a candidate.

The court, however, made it clear that the district police chief’s opinion was not final or binding. It was only meant to assist the committee in verifying a candidate’s antecedents, considering the importance of the office. The court appreciated the amicus curiae’s assistance in the matter and disposed of the writ petitions.

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‘Poster affixers’ appointed prosecutors while rape victims suffer

Earlier in a ruling, the Madras High Court recently came down heavily over the appointments of law officers based on political proximity to the ruling dispensation in state governments, and said that such appointments extend even to persons whose only qualification is affixing posters during elections.

While hearing a plea of a man who was convicted in an attempt-to-rape case of a woman from an oppressed community, Justice B Pugalendhi refused to suspend the sentence.

The court took a strong exception to the state’s failure to act on recommendations to remove a negligent prosecutor, who failed to mark the survivor’s injury in the trial court as evidence.

“Such appointments, at times, extend even to individuals whose only apparent qualification is their involvement in menial political activities, such as affixing posters during elections. This case is one such glaring example of how the victims are defended by political appointees in a case of rape, and that too, of a woman from the oppressed community,” the court said on April 1.

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The order added that it is deeply disturbing to note that the state appears to be appointing government pleaders/public prosecutors/law officers not on merit, but based on their proximity and allegiance to the ruling dispensation.

Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.

She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.

Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.

Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More

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