IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, CJ, SYAM KUMAR V.M., J
KADAKKAL BAR ASSOCIATION – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 13129 OF 2023
| Table of Content |
|---|
| 1. court's acknowledgment of issues related to assistant public prosecutors. (Para 2 , 3) |
| 2. guidelines for addressing undue delays in proceedings. (Para 4) |
| 3. final disposal of the writ petition. (Para 5) |
JUDGMENT Dated this the 24th day of November, 2025 Nitin Jamdar, C.J.
Heard Ms.Anjana Kannath, learned counsel for the Petitioners and Mr.V.Tek Chand, learned Senior Government Pleader for the State.
2. This petition raises an issue regarding the number of Assistant Public Prosecutors in the Gram Nyayalayas and Juvenile Justice Boards in the State.
3. By order dated 17 July 2025, the High Court Administration was directed to be made a party and was called upon to submit a report. The High Court Administration submitted its report on 29 September 2025 providing the list of pending cases and the position of Assistant Public Prosecutors. It is stated therein that there are only 3 Gram Nyayalayas and that at present, it cannot be said that the functioning of the Gram Nyayalayas are affected due to the absence of Assistant Public Prosecutors. However, there would be delay in the disposal of cases, if the services of Assistant Public Prosecutors are limited to one day in a week where the pendency is above 100. Taking note of this position, we had directed that either the Petitioner or the High Court Administration shall file an application in case the proceedings of the Gram Nyayalayas are being affected. However, no such application has been filed.
4. Taking note of the report filed by the High Court Administration, we dispose of the petition by directing that in the absence of Assistant Public Prosecutors, if the proceedings in the Gram Nayayalayas are getting unduly delayed, the Presiding Officer can bring the matter to the notice of the Registrar General who shall, in turn, bring it to the notice of the Secretary to the Government, Home Department and necessary directions shall thereupon be issued by the State. In case this methodology does not yield any result, liberty is granted to the Petitioner or the High Court Administration to take out an application in this disposed of petition for appropriate orders.
5. The writ petition is disposed of accordingly.
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