The State government on Friday informed the Kerala High Court that it has framed administrative guidelines governing the appointment of law officers including public prosecutors to represent the State before district judiciary [Adv Sudheer PS v State of Kerala & ors].
A circular to that effect has been issued in compliance with previous Court orders, the state told a Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar VM
The submission was made in response to a Public Interest Litigation petition (PIL) raising concerns regarding opacity in the procedure for selection of Public Prosecutors in district courts.
As per the statement filed by the government, the Law Secretary issued the circular on December 3.
The circular lays down internal administrative guidelines for preparing panels for appointment of District Government Pleaders and Public Prosecutors, as well as Additional Government Pleaders and Additional Public Prosecutors.
As per the circular, the District Collector has to prepare an initial list of advocates from the rolls of the Bar Council of Kerala, provided they have a minimum of 7 years of practice at the Bar. The Collector must assess the candidates' qualifications, experience, integrity, etc. before including them in the list.
The list so prepared must then be forwarded to the concerned District and Sessions Judge for consultation, as per Section 18 of the BNSS.
The Sessions Judge is tasked with evaluating the merit, competence and capacity of the advocates shortlisted and recommending a suitable number of candidates for appointment as Government Law Officers.
Importantly, the guidelines clarify that there is no requirement to advertise vacancies or invite applications while preparing this list.
Following this consultation, the District Collector is required to prepare a final panel strictly from among the names recommended by the District and Sessions Judge.
The circular emphasises that collector should give due regard to the opinion of the judge, and explicitly bars the collector from including the name of any advocate not recommended or specifically disapproved by the judge on any grounds.
The guidelines also mandate verification of the character and antecedents of all shortlisted candidates through the Superintendent of Police.
In addition, the circular provides that if qualified members from Scheduled Caste or Scheduled Tribe communities are available, then the panel should include at least one such candidate.
The government about the expiry of the term of existing Government Law Officers at least six months in advance, it further provides.
The Court will take up the PIL next on December 11.
Advocates SK Adhithyan, Shahina Noushad, Krishna S Karunakaran, and Anu Chandrakumar appeared for the petitioner.
Senior government pleader V Tekchand represented the state.