Kerala HC upholds K Biju’s sanction order, reserves verdict on contempt proceedings

Kochi: The Kerala High Court on Friday (July 17, 2026) upheld the prosecution sanction issued by IAS officer K Biju (IAS:2006:KL), Secretary, Forest and Cashew Department, allowing the Central Bureau of Investigation (CBI) to prosecute two former officials of the Kerala State Cashew Development Corporation (KSCDC) in an alleged corruption case.

However, the Court reserved its order on whether to accept Biju’s unconditional apology or continue the contempt proceedings against him.

Justice A Badharudeen held that the revised prosecution sanction order met the legal requirements and had been issued after due application of mind.

The Court, however, noticed that the copy of the Government Order placed before it did not carry Biju’s signature. It directed him to send a physically signed or digitally signed copy of the order to the CBI within two days.

The Court also made the CBI’s Anti-Corruption Branch, Kochi, a party to the contempt proceedings so that the agency remains informed of further developments and the prosecution is not affected.

The contempt case arose from an earlier prosecution sanction order issued by Biju. That order was later withdrawn after the Advocate General advised that certain remarks in it were prima facie contemptuous.

The withdrawn order had stated that the government granted prosecution sanction because it was “forced” by the High Court and that the decision was taken without independent application of mind. The High Court had then issued contempt notice to Biju.

Biju later issued a fresh prosecution sanction order after reconsidering the matter. He also filed two affidavits tendering an unconditional apology for the remarks made in the earlier order.

On July 15, the High Court had reserved its decision on whether to accept the apology. It had also decided to examine the validity of the revised prosecution sanction order.

After hearing Biju, the CBI and the State Government, the Court upheld the revised sanction order. It, however, reserved its decision on the contempt proceedings. The question of whether Biju’s apology should be accepted will be decided separately.