NDPS Courts must have Permanent Staff for Institutional Accountability, says HC

On Tuesday, in a decisive intervention aimed at strengthening the State’s institutional response to drug-related offences, the Kerala High Court raised serious concerns over the manner in which Special NDPS Courts were being established and staffed, cautioning that reliance on temporary arrangements could compromise both efficiency and confidentiality. The Court’s scrutiny came in the backdrop of a suo motu exercise to address the growing narcotics threat, where it examined whether the State’s compliance efforts were aligned with the seriousness of the issue, setting the stage for strict directions.

The controversy unfolded when the State placed on record its steps to operationalise special courts, indicating that while courts had been sanctioned in Thiruvananthapuram and Ernakulam, several positions were proposed to be filled through contractual appointments or redeployment. The State also sought additional time to establish courts in Thrissur, Palakkad, and Manjeri. However, this approach ran contrary to earlier communications from the High Court, which had explicitly stressed the need for a stable and permanent workforce in such courts, given that these cases often involve sensitive intelligence inputs and witness protection concerns. The Court noted that the affidavit filed by the government did not adequately address this requirement, thereby raising questions about the long-term effectiveness of these courts.

The Division Bench of Chief Justice Soumen Sen and Justice C. Jayachandran delivered a clear message that institutional credibility cannot be built on ad hoc measures. Emphasising continuity and accountability, the Court observed that such courts must be equipped with permanent personnel capable of handling the complexities of NDPS prosecutions. It directed that the State “must ensure that these posts are filled up with permanent staff, while permitting temporary appointments only as an interim arrangement alongside active steps for regular recruitment. The Bench further directed that all five NDPS courts, two already sanctioned and three newly mandated, be made fully operational within three months.

In addition, acknowledging financial constraints, the Court instructed the State to approach the Central Government within one week for financial assistance under the relevant scheme. The matter has been posted for further monitoring, signalling continued judicial oversight. The Court emphasised that combating drug offences demands a robust, permanent judicial infrastructure, temporary staffing and partial compliance will not suffice.

Case Title: Suo Motu Proceedings Initiated By The High Court Of Kerala Vs. State of Kerala and Ors.

Case No.: WP(C) No. 29179 of 2025(V)

Coram: Hon’ble The Chief Justice Mr. Soumen Sen, Hon’ble Mr.Justice C. Jayachandran

Advocate for the Petitioner: Adv. Leo Lukose

Advocate for the Respondent: Adv. N. Manoj Kumar, Adv. Hari Kumar G., DSGI. O.M. Shalina

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