Kerala High Court: Give District Judges Primacy in Appointing Public Prosecutors

The Kerala High Court has mandated that the State prioritize the opinions of District Judges when appointing Public Prosecutors, in accordance with Section 24 of the CrPC (now Section 18 BNSS). 

The Court emphasized the need for prompt appointments to address long-standing vacancies and recommended the creation of additional prosecutor positions alongside new courts.

A Court relied on the Supreme Court case State of U.P. and Another v Johri Mal (2023) and further issued the guidelines for filling up vacancies of Public Prosecutor. 

Furthermore, it clarified that Public Prosecutors do not hold civil posts, rendering Kerala’s 1978 service rules inapplicable to them.(Suo Motu v State of Kerala and Others)