Kochi: The Kerala High Court on Wednesday initiated contempt of court proceedings against K Biju (IAS:2006:KL), Secretary in charge of the Cashew Development Department, over remarks made in a government order granting prosecution sanction in the Kerala State Cashew Development Corporation corruption case.
Justice A. Badharudeen directed the officer to appear in person before the court on Friday and explain why contempt proceedings should not be initiated against him. During the hearing, the court observed that the government order amounted to a serious attack on the judiciary and orally remarked that an apology might not be sufficient.
The controversy relates to a July 2 government order granting prosecution sanction to the accused. The order stated that the High Court had virtually assumed the role of a trial court by assessing the evidence, leaving the government with no option but to grant prosecution sanction. It further said the sanction was being granted without an independent application of mind and only to comply with the High Court’s directions.
However, the High Court clarified that it had never directed the government to grant prosecution sanction. It had only asked the State to reconsider the CBI’s request in accordance with law. The court said the July 2 order contained factually incorrect statements and was an attempt to tarnish the image of the judiciary.
The court also questioned whether the officer was fit to continue in public service if such an order could be issued. It further observed that the language of the order appeared to reproduce the defence of the accused rather than reflect an independent government decision.
The High Court also took note of the fact that a copy of the government order had allegedly reached the main accused, INTUC State president R Chandrasekharan, before it was officially released. Referring to his press conference, where portions of the order critical of the court were read out publicly, the court observed that the developments created an impression that the order had been issued to assist the accused and amounted to an attack on the justice delivery system.
Appearing for the State, Advocate General Jaju Babu informed the court that the July 2 order had been withdrawn and replaced by a fresh order on July 6 after deleting the controversial remarks. The Advocate General also told the court that he had personally intervened in the matter.
Recording that the intervention appeared bona fide, the High Court directed that the July 2 order shall not be relied upon for any purpose other than the contempt proceedings and possible disciplinary action until further orders.
The court also observed that it did not believe the Chief Minister or the Industries Minister had knowingly permitted such an order to be issued.
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