State can't appeal for individual in contempt case, says HC in cashew corp corruption row

Thiruvananthapuram: The Kerala High Court has questioned the locus standi of the state in filing an appeal against a Single Judge’s order directing the personal appearance of Mohammed Hanish, Principal Secretary of the Industries Department (Cashew), in a contempt case.

The contempt plea was filed against Hanish for repeatedly denying sanction for the Central Bureau of Investigation (CBI) to prosecute allegedly corrupt ex-officials of the State Cashew Development Corporation (KSCDC). The Single Judge had found Hanish to be prima facie in contempt and ordered his personal appearance.

The Division Bench of Justices K Natarajan and Johnson John asked the government pleader how the state could file an appeal in a case that is against an individual. “Contempt is against a person. The state cannot appear or file an appeal on his behalf. He must personally contest the charges or appoint an advocate,” the Bench said.

The court noted that while Hanish had filed an appeal against the Single Judge’s order, the proper procedure required his personal appearance or a request for exemption. The Bench also said the Advocate General must conduct proceedings on behalf of the contempt petitioner, and the government pleader cannot represent Hanish at the stage of framing charges.

The contempt plea arose after the state repeatedly refused to grant sanction for the CBI to prosecute, despite a previous High Court direction in Kadakampally Manoj v State of Kerala and Ors. The court questioned why the CBI had not sought sanction itself, with the petitioner’s counsel suggesting the accused’s influence may be a factor.

The Bench granted time to the government pleader to justify the maintainability of the appeal and directed Hanish to move an application before the Single Judge seeking exemption from personal appearance.
(With LiveLaw inputs)