Kochi: Even as the Central Bureau of Investigation (CBI) is keen on securing the Kerala government’s nod to prosecute the accused in the corruption case pertaining to the Kerala State Cashew Development Corporation (KSCDC), it has likely made an attempt to soften its stand on the matter as it challenged the denial of the prosecution nod by way of a fresh affidavit in the court.
In October the LDF government had decided not to grant permission for prosecuting former KSCDC chairman R Chandrashekharan and its former managing director K A Ratheesh after receiving legal advice in this regard.
In its fresh explanation stated in an affidavit, the CBI has avoided some facts related to the case. The legal issues pertaining to prosecution sanction too were dropped even as the central agency retained arguments blaming the government for not evaluating the evidence given by the CBI and the latter's misinterpretation of certain conclusions and perceived failure to acknowledge the gravity of the case.
The CBI submitted a fresh affidavit withdrawing the previous one in which it had pointed out that the state government was trying to avoid the submission of the final report by the investigating agency and the prosecution proceedings against the former officials.
In the earlier affidavit the CBI had stated that prosecution sanction was not required since Chandrashekharan and Ratheesh were not occupying the posts now. Moreover this particular instance of corruption had taken place before the amendment making prosecution sanction mandatory came into being on July 26, 2018.
The CBI had cited a case in the Supreme Court involving A R Antulay, a former Maharashtra chief minister.
Kadakampally Manoj, a resident of Kollam, had filed the petition before the court challenging the denial of prosecution proceedings against the accused Chandrashekharan and Ratheesh.
With the assistant advocate general seeking more time on behalf of the government, the court posted the case for Friday.
The case pertains to the huge losses incurred by the KSCDC in the procurement of raw cashew from 2006 to 2015. Ratheesh held the post of managing director of the corporation from 2005 to 2015, while Chandrashekharan was the chairman from 2012 to 2015. At present Ratheesh is posted as the secretary of the Khadi Board.
Chandrashekharan and Ratheesh's connections with the top brass of CPM and government were in public scrutiny as the case dragged for years. Incidentally, Chandrashekharan is the president of the Kerala unit of the Indian National Trade Union Congress.
