K Biju, Secretary, Industries Department, who was pulled up by the High Court over the controversial prosecution order in the cashew import scam, offered his apology on Friday. Justice A Badharudeen, who earlier passed scathing comments against Biju, had directed him to appear in person before the court on Friday. He was also asked to explain why contempt proceedings should not be initiated against him.

While considering the affidavit filed by Biju, the HC asked him to revise the order granting sanction for prosecution by including the statement 'the order has been prepared with proper application of mind'. The bureaucrat will file a fresh affidavit and the case will be considered on July 15. 

In his affidavit submitted on Friday, Biju said the language employed in the previous prosecution order was inappropriate. He expressed regret that the phraseology of the order was capable of being perceived as reflecting adversely on the authority of the court. He said his unconditional apology is tendered voluntarily and unequivocally with genuine remorse and a profound sense of responsibility. Biju said he has withdrawn every expression contained in the order that could be construed as questioning the correctness, authority and judicial wisdom.

The order, initially issued by Biju, gave the impression that the Government was forced to grant sanction for prosecution because of the directions issued by the court and that the order was issued without independent application of mind.

The court, on Friday, specifically instructed Biju to revise the order in such a way that it would read as if it had been issued with application of mind. The tone of the order issued by Biju triggered a row, following which a revised order was published and submitted to the High Court.

It is the second time that an IAS officer had to appear before the court and apologise in the proceedings related to the cashew import case. Mohammed Hanish, while serving as Principal Secretary, Industries (Cashew), had appeared before the HC and offered an unconditional apology after he had ignored repeated directions from the HC to grant sanction for prosecution against the accused in the cashew import scam. 

The prosecution nod has been issued 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