Cashew corp graft case: Kerala govt issues revised order giving prosecution sanction

Kochi: The state govt has issued a revised order granting sanction to prosecute the accused in the Cashew Corporation graft case, without prejudice to its right to approach the Supreme Court, and omitting the remarks contained in the previous order concerning the high court.Industries department secretary Biju K placed on record before HC the revised sanction order issued on July 6 for its perusal. The state had earlier issued an order dated July 2 stating that, since the HC had assumed the role of the trial court by assessing the evidence, the govt was constrained to grant prosecution sanction. It further stated that the sanction was being granted without an independent application of mind and solely in compliance with HC’s orders in the contempt proceedings.

It also stated that HC, by directing the govt to grant prosecution sanction, had effectively required the govt to abdicate its duty to independently apply its mind.Noticing these remarks in the previous order, the contempt petitioner, Kadakampally Manoj of Kollam, filed an interlocutory application (IA) before HC seeking contempt proceedings against Biju K for issuing the order. Manoj contended that the language employed in the order amounted to a scurrilous attack on the court.

Justice A Badharudeen will consider the IA and the revised govt order on Wednesday along with the contempt case against industries department principal secretary A P M Mohamed Hanish, for repeatedly declining to grant sanction under the Prevention of Corruption (PC) Act to the CBI to prosecute the accused in the graft case despite HC’s repeated orders.The case arose from a petition filed by Manoj seeking a CBI probe into the alleged large-scale corruption in the import and purchase of cashews by KSCDC. Pursuant to the HC’s direction, the CBI conducted an investigation and arraigned former KSCDC chairman and INTUC state president R Chandrasekharan, former managing director K A Ratheesh, and two others as accused. It subsequently sought prosecution sanction from the state govt.

However, Hanish repeatedly declined to grant the sanction despite HC’s directions, prompting Manoj to file the present contempt petition.