Kochi, 08 July (H.S.):

The Kerala High Court on Wednesday came down heavily on the State government over the manner in which it issued a prosecution sanction order in the alleged ₹600-crore Kerala Cashew Development Corporation corruption case, initiating suo motu contempt proceedings against Cashew Department Secretary K. Biju, IAS.

Justice A. Badharudeen directed the senior IAS officer to appear before the court in person on Friday to explain the circumstances under which the controversial order was issued.

The court observed that it had only directed the government to take an appropriate decision on the request for granting prosecution sanction against the accused. However, the government order allegedly stated that the sanction was being issued 'as per the directions of the High Court,' a claim the court described as factually incorrect and misleading.

The judge said the wording of the order appeared to be a deliberate attempt to tarnish the image of the judiciary in the public domain and held that such conduct amounted to interference with the administration of justice. The court said it could not tolerate attempts to misuse judicial orders for political or administrative purposes.

During the hearing, the court also questioned whether the accused officials themselves were 'running the State' and described the government's order as a serious attack on the independence of the judiciary. It further remarked that the present government's approach was worse than that of its predecessor.

The case pertains to alleged irregularities involving the import of raw cashew nuts from Africa, causing an estimated loss of ₹600 crore to the Kerala Cashew Development Corporation. Former Corporation Chairman and INTUC State President R. Chandrasekharan and former Managing Director K.A. Ratheesh are among the principal accused.

The petition was filed by Kollam resident Kadakampally Manoj after the government allegedly failed to grant prosecution sanction despite repeated judicial directions. Although the government eventually issued the sanction earlier this month, it withdrew the first order following objections raised by the Advocate General and issued a revised order. The High Court, however, found the controversy serious enough to initiate contempt proceedings against the senior bureaucrat.

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Hindusthan Samachar / Arun Lakshman