The Kerala High Court has directed the State government to frame transparent guidelines for the appointment of Public Prosecutors under Section 18 of the BNSS, 2023, within one week, warning of coercive action for non-compliance.
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KERALA: The Kerala High Court on Thursday directed the State government to frame clear and transparent guidelines for the appointment of Public Prosecutors under Section 18 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, within one week. The directive came from a Division Bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar VM in response to a Public Interest Litigation (PIL) filed by Advocate Sudheer PS.
The Court also warned that it may issue coercive directives if the State fails to comply within the stipulated time.
Background of the Case
The PIL, titled Adv Sudheer PS v State of Kerala & Ors, argued that the process for appointing Public Prosecutors in Kerala lacks transparency and objectivity. The petitioner pointed out that despite the High Court’s earlier order in April 2025, directing the State to prepare internal guidelines in accordance with Section 18 of BNSS, no action was taken.
Section 18 of the BNSS, 2023 prescribes a structured mechanism for the appointment of Public Prosecutors, including:
- Consultation by the District Magistrate with the Sessions Judge
- Preparation of a panel of qualified advocates
- Evaluation based on merit rather than political influence
The PIL
The petitioner contended that:
- The right to a fair trial, protected under Article 21 of the Constitution, is closely linked to the appointment of capable Public Prosecutors.
- The absence of guidelines enables arbitrary and politically motivated selections.
- Despite the earlier court direction, the District Collector of Kollam issued a recruitment notification on November 7, 2025, calling for applications for Additional Public Prosecutor without outlining meaningful eligibility criteria.
The notification vaguely required applicants to have experience in “serious sessions court cases” without defining what constitutes a serious case or how such experience should be evaluated.
This vagueness, the petitioner argued, gives authorities unrestricted discretion and undermines fair assessment by Sessions Judges.
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The petitioner asserted that:
- Issuing recruitment notices without statutory guidelines violates Articles 14 and 21, which guarantee equality, fairness, and non-arbitrariness.
- The absence of a clear framework dilutes statutory safeguards mandated under Section 18 of the BNSS.
- The court should quash the Kollam Collector’s notification and declare the right to competent Public Prosecutors as a fundamental right essential for ensuring justice.
What the Court Ordered
The High Court directed:
- The State government to formulate and publish guidelines for Public Prosecutor appointments within one week
- Failure to comply may result in coercive judicial action
