KOCHI: The Kerala High Court has approved the state government's guidelines for the appointment of public prosecutors in district courts after directing that the opinion of the district judge should be given primacy while preparing the panel of candidates, a move that is expected to strengthen merit-based appointments and curb political influence in the selection process.
A division bench comprising Chief Justice Soumen Sen and Justice V. M. Syam Kumar passed the order while disposing of two public interest litigations seeking guidelines for the appointment of government pleaders and public prosecutors.
The Bench approved the draft circular after directing that the expression "due regard" in Clause (3) be replaced with "due primacy," thereby giving primacy to the opinion of the District Judge in the preparation of the panel for appointing Public Prosecutors.
Under the draft guidelines, a joint meeting of the district collector, district judge, and district police chief will be convened after preparing a list of eligible candidates. The final panel of public prosecutors will be prepared after discussions and an assessment of the candidates on merit.
The petitioners had contended that the draft circular did not expressly provide that the district judge's opinion should carry overriding weight while preparing the panel. They also challenged the inclusion of the district police chief in the process, contending that it was contrary to the statutory scheme.
Rejecting the contention, the High Court observed that the district police chief's inputs would assist the stakeholders in taking an informed decision by helping verify the antecedents of candidates. Considering the importance of the office of a public prosecutor, the court said such verification was necessary.
The bench, however, clarified that the opinion of the district police chief is not conclusive and is intended only to assist the committee in assessing the antecedents of candidates. It cannot override the primacy accorded to the opinion of the District Judge in the preparation of the panel.
The judgment assumes significance against the backdrop of longstanding criticism over the manner in which public prosecutors have been appointed. There has been criticism that appointments were often influenced by political considerations rather than merit and that the performance of some prosecutors had contributed to the failure of prosecutions in important cases.
Senior lawyers said the court's emphasis on giving due primacy to the district judge's opinion is expected to make the selection process more transparent and merit-based, reducing the scope for political interference in future appointments.
The court also recorded its appreciation for the assistance rendered by Senior Advocate P. Deepak, who appeared as amicus curiae, before disposing of the petitions.