Kerala High Court Mandates Establishment of Additional Special NDPS Courts
The Kerala High Court has issued a significant directive to the state government, ordering immediate steps to establish three more special courts dedicated to handling cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. This directive comes as part of the court's ongoing efforts to address the alarming backlog of drug-related cases across the state.
Court's Specific Directions for New Judicial Infrastructure
A bench comprising Chief Justice Soumen Sen and Justice C Jayachandran delivered this order while considering a suo motu petition initiated by the High Court itself. The petition specifically addressed the concerning pendency of NDPS cases throughout Kerala. The bench has explicitly suggested the establishment of three special NDPS courts in the districts of Palakkad, Thrissur, and Malappuram.
The court has mandated the state government to submit a detailed action-taken report regarding this matter within a strict timeframe of two months. Furthermore, the High Court has reinforced its commitment to judicial efficiency by directing that two previously proposed special NDPS courts in Thiruvananthapuram and Ernakulam districts must become operational within eight weeks. The court has attached a significant consequence to this deadline, stating that if these courts are not made functional within the stipulated period, the Additional Chief Secretary of the Home Department will be required to appear personally before the court.
Addressing the Critical Backlog of NDPS Cases
The urgency of this judicial intervention is underscored by the current state of NDPS case management in Kerala. Presently, the state has only two fully established special NDPS courts:
- One located in Vadakara, within Kozhikode district.
- The other situated in Thodupuzha, within Idukki district.
In all other judicial districts across the state, the existing Principal District and Sessions Judges or Additional District and Sessions Judges have been designated to handle NDPS cases alongside their regular duties. This arrangement has contributed to a substantial backlog.
As of March 31, 2025, official data reveals a staggering total of 7,202 NDPS cases pending before the designated courts across Kerala. The districts with the highest pendency include:
- Ernakulam with 1,295 pending cases.
- Thiruvananthapuram with 960 pending cases.
- Palakkad with 902 pending cases.
- Manjeri with 777 pending cases.
State's Financial Constraints and Judicial Priorities
During earlier proceedings in this case, the state government, represented by the Home Department's Additional Chief Secretary, had cited financial limitations. The submission indicated that, given the state's current fiscal position, establishing special NDPS courts in every district was not immediately feasible.
Consequently, a phased approach was initially proposed, focusing first on the districts with the most severe case backlogs. This led to the original plan to establish special courts in Ernakulam and Thiruvananthapuram. However, the High Court's latest order expands this mandate, recognizing the pressing need in additional high-pendency districts and compelling more comprehensive action from the state administration.
The court has adjourned the hearing of this suo motu petition to March 24, by which time it expects to review the state's progress on these critical judicial infrastructure directives.
