Cashew import scam prosecution order a slap in HC's face; contempt petition filed against IAS official Biju

Kadakampally Manoj, the complainant in the contempt case related to the cashew import scam, has filed a petition seeking contempt proceedings against K Biju, Secretary, Industries Department, over a prosecution order issued by the official.

The government is slated to produce the prosecution order against the accused in the cashew import graft case in the High Court on Wednesday. 

On July 2, the Advocate General appeared before the court and stated that the government decided to grant sanction but required two days’ time to ensure the accuracy of the sanction order.  This court recorded the submission and posted the case to July 8. 

The order kicked up a row after, one of the accused in the case, R Chandrasekharan, former chairman,Kerala Cashew Development Corporation, read out the content of the order in a press meet held in Thiruvananthapuram on the same day when the AG sought more time to produce the order. 

In his petition, Manoj alleged that the portions read out by Chandrasekharan contained disparaging comments about this HC and that he was completely in the dark about the order granting sanction as the copy was not given to him.

The order issued by Biju assumed a defiant tone and noted that the HC had assumed the role of a trial court in having assessed the evidence in the case and the government was constrained to accord the prosecution sanction.

The official said in the order that the government was forced to be in compliance of the orders in the contempt petition without any application of mind.

The contempt petition filed by Manoj stated that the prosecution order issued by Biju as a statutory authority under Section 19 of the Prevention of Corruption Act is a slap in the face of the High Court. 

"The 2nd respondent (K Biju) has made a scurrilous attack on the institution - the court. Never in the history of statutory orders, it could be seen that the authority confessed that it was issued without application of mind.  The authority also reserved rights to challenge the said order," the petition noted.

According to Manoj, the choice of words and the language used in the order will show that it is intended to convey a strong message to the court and the outside world.

"The Secretary of the Government, represents the Government. He is the alter ego of the government. Though sanction for prosecution is granted, any legally trained person can easily realise that this order could be successfully challenged. Therefore, the intention behind passing an order of this nature was only to help the accused. Hence what is coming out through this order is the will of the government," Manoj stated in the petition. 

He has prayed to the court to issue notice to Biju for initiating contempt of court proceedings against him and to pass an order setting aside the prosecution order issued by the government and issue a fresh order. 

The government issued the prosecution nod against K A Ratheesh, former Managing Director, KSCDC, R Chandrasekharan, former chairman, and Jaimon Joseph, proprietor, JMJ Traders, Kottayam.

A CBI investigation revealed serious irregularities and corruption in the procurement of raw cashew nuts from foreign countries during 2006-2015.

Chandrasekharan and Ratheesh dishonestly awarded tenders to the private firm in Kottayam with the intention of cheating KSCDC and resulted in wrongful loss to the corporation, according to the CBI report.