Kerala High Court Directs Swift Action To Create Posts In Forensic Labs, Institutionalise Anti-Drug Groups In Schools

The Special Bench of Chief Justice Nitin Jamdar and Justice C Jayachandran was considering a batch of petitions addressing various issues relating to drug menace in the State.

In an earlier order, in the connected case which was filed by Kerala State Legal Service Authority (KeLSA) to ensure speedy trial of NDPS cases, the Court had noted the State's proposal to strengthen the Forensic Science Laboratory (FSL) by creating new posts to address manpower shortages of Scientific Officers in the Biology, Chemistry, and Document Divisions.

According to an affidavit filed by the Deputy Secretary, Home Department, on October 29, the State Police Chief had recommended the creation of the post of Scientific Officer in different divisions. This includes 8 in the Biology division, seven in Chemistry, and sixteen in Documents. The proposal has been forwarded to the Finance Department for concurrence and is currently awaiting circulation to the Minister for Finance.

The Court observed that the issue directly concerns law and order, and stressed the urgency of action. “We expect the Finance Department to process the file within a period of four weeks,” the Bench directed, adding that once financial approval is secured, the Kerala Public Service Commission (PSC) must initiate the recruitment process.

The order further directed that a copy be furnished to the Additional Chief Secretary to ensure immediate steps are taken.

In a subsequent order relating to the connected case which deals with the formation of school protection groups, the Court referred to a meeting held on September 18.

The Court reviewed an affidavit filed by the Under Secretary, Home Department, detailing proposals to formalise the various informal groups currently functioning in schools and colleges, such as School Protection Groups, Jagratha Samithis, and Anti-Narcotic Clubs as directed by this Court in earlier order.

It expressed concern about the administrative delay in creating an integrated group.

“It is already decided that it would be desirable to have an integrated group, instead of various informal groups. The object is only to aid the departments of the State such as the excise department, police department, by creating an internal mechanism in the educational institutes. The desirability of having such a mechanism is recognised by the state as can be seen from the additional affidavit. The methodology suggested in the affidavit of creation of groups in the educational institute is placed and it has to go through all the concerned Government Departments, thereafter, the concerned Ministers, Council of ministers and the Chief Minister. The Additional Chief Secretary will examine whether such a cause of action is necessary as it will delay the formation of an internal mechanism which according to us must be set up with expediency.” the bench observed.

The Court opined that the internal groups involving different departments can be created at the administrative level and it may not be necessary to escalate it to the Council of Ministers.

The Court thus directed the Standard Operating Procedure (SOP) to be finalised with inputs from all departments and an administrative order with respect to the internal groups be issued within four weeks, unless it is demonstrated through an affidavit by the Additional Chief Secretary.

The Court also clarified that even after implementation, the SOP could be modified as required.

In the connected matter concerning the setting up of NDPS Special Courts, the State Attorney sought further time for getting instruction from the State regarding the matter, which was granted by the Court. Advocate Harikumar G is appointed as the amicus curiae in the matter to assist the court. 

Case Title: Sumi Joseph v. The Chief Secretary and Connected cases

Case No: W.P.(C) No. 23505 of 2023 and Connected cases