‘Do not play delaying tactics’, Kerala HC comes down hard on top bureaucrat

Kochi, June 19 (IANS) The Kerala High Court on Friday expressed strong displeasure over the non-appearance of former Principal Secretary, Industries Department (Cashew), Mohammed Hanish, despite a clear direction to appear before the court in contempt proceedings related to the Kerala State Cashew Development Corporation (KSCDC) corruption case.

Justice A. Badharudeen warned that Hanish would face coercive legal action, including arrest, if he failed to appear before the court on Monday.

The court also directed the present Secretary, Forest and Cashew Development Department, K. Biju, IAS, to issue sanction for prosecution against the alleged corrupt former officials of KSCDC by July 9, failing which contempt proceedings would be initiated against him as well.

The court was hearing a contempt petition filed by Kadakampally Manoj after Hanish failed to comply with its earlier direction to reconsider the denial of sanction for prosecution.

The High Court had earlier found prima facie material to proceed against former KSCDC Managing Director K.A. Ratheesh and former chairmen E. Kasim and R. Chandrasekharan in the alleged corruption case.

The case relates to allegations that the accused officials entered into a criminal conspiracy with Jaimon Joseph, proprietor of M/s JMJ Traders, and awarded contracts in violation of rules, causing losses of several crores to the corporation.

The court had earlier given Hanish multiple opportunities to reconsider the sanction decision.

However, instead of granting sanction, Hanish passed orders denying permission to prosecute the accused.

On April 10, the High Court set aside those orders and held that Hanish had prima facie committed contempt of court.

It directed him to issue sanction for prosecution.

Hanish challenged the order before a Division Bench, but the appeal was dismissed earlier this week.

Following this, the Single Bench directed him to appear personally on Friday.

However, Hanish failed to appear.

His counsel informed the court that he was no longer handling the cashew department and was engaged in Budget-related work, seeking exemption from personal appearance.

The court rejected the explanation and came down heavily on the former official.

“I do not want to hear that explanation,” Justice Badharudeen said, observing that Hanish had attempted to avoid appearing before the court by filing an appeal.

The court also refused permission for online appearance and warned that further failure to appear would invite strict action.

“If he fails to appear next time, I shall take it seriously,” the court observed.

The High Court subsequently allowed the plea to implead K. Biju IAS as the second respondent, directing him to comply with the order and pass sanction for prosecution by July 9.

The court made it clear that no further extension would be granted.

The case has now been posted to June 22 for the personal appearance of Mohammed Hanish.

–IANS

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