Daijiworld Media Network - Kochi

Kochi, Jul 10: The Kerala High Court on Friday declined to accept the unconditional apology submitted by IAS officer and Cashew Department Secretary K. Biju over a contentious government order related to prosecution sanction in the multi-crore Kerala State Cashew Development Corporation corruption case. The court directed the officer to submit a revised affidavit addressing key omissions highlighted during the hearing.

While returning the affidavit, the High Court issued a stern warning to the State's civil servants, stressing that bureaucrats should not act merely as defenders of the government in matters involving the judiciary.

The court observed that government officials are accountable to the public and cautioned them against taking an adversarial stand towards the judiciary. "Do not try to confront the court. If you do, no government can protect you," the judge remarked, also quoting Napoleon Bonaparte's words: "A brave man dies only once."

The contempt proceedings stem from a government order granting the Central Bureau of Investigation (CBI) sanction to prosecute those accused in the Kerala State Cashew Development Corporation import corruption case, including INTUC leader R. Chandrasekharan.

Earlier, the High Court had criticised the wording of the government order, noting that it conveyed the impression that prosecution sanction had been granted solely because of judicial directions rather than the government's independent assessment. The court said such language appeared to shift responsibility for the decision onto the judiciary.

Appearing before the court, K. Biju filed an affidavit expressing unconditional regret. He admitted that the wording used in the order was inappropriate, though unintended, and acknowledged that such language should not have been included in an official government order. He also withdrew any statements that could be interpreted as casting doubt on the authority or judgment of the High Court.

However, the court found the apology insufficient, observing that the affidavit failed to clearly state that the government had independently concluded there was a prima facie case before granting prosecution sanction.

The High Court also questioned Industries Department Principal Secretary A.P.M. Mohammed Hanish, asking whether he had advised the current Secretary while issuing the disputed order.

The controversial government order was later withdrawn following the intervention of the Advocate General, and a revised order was subsequently issued. Before it was withdrawn, however, one of the accused, R. Chandrasekharan, had cited the original order during a press conference in support of his political defence.

The court observed that the circumstances suggested there may have been a deliberate attempt to undermine the credibility of the judiciary while providing support to the accused. It said further action would be decided after examining the revised affidavit to be filed by the concerned officials.

The CBI investigation concerns the alleged illegal import of raw cashew nuts from African countries between 2006 and 2015, which is alleged to have caused substantial financial losses to the Kerala State Cashew Development Corporation. Former Managing Director K.A. Ratheesh has been named as the first accused, while R. Chandrasekharan is listed as the third accused in the case.