Kerala High Court Gives District Judge 'Due Primacy' in Picking Public Prosecutors

Overview

• A Division Bench of the Kerala High Court approved the state government’s draft circular for appointing public prosecutors and directed a single textual change that raises the weight of the district judge’s view from 'due regard' to 'due primacy'.
• The court clarified that the district police chief may supply information on candidates’ antecedents to help the selection committee verify backgrounds but that this input is factual and not binding on the committee.
• The bench disposed of public interest petitions challenging the draft mechanism after accepting submissions from the amicus curiae and petitioners that the judge’s opinion needed clearer priority in preparing candidate panels.
• The order preserves the selection committee’s final authority to choose prosecutors while formally strengthening judicial oversight of the candidate list and limiting police participation to background checks.
• Because public prosecutors play a key role in criminal cases, the ruling could increase trust in appointments by making judicial assessment central to selection and may shape how the state frames future appointment rules.