Kochi: The Kerala High Court on Friday refused to accept the unconditional apology submitted by IAS officer K Biju (IAS:2006:KL), Secretary in charge of the Cashew Development Department, in the contempt case linked to the prosecution sanction order in the alleged Kerala State Cashew Development Corporation corruption case.
Though Biju expressed regret over the language used in the order and tendered an unconditional apology, the court declined to accept it. Justice A. Badharudeen directed him to file a fresh affidavit. The case will now be heard on July 15.
The court also asked Biju to issue a fresh prosecution sanction order. It said the order must clearly state that it was passed after “proper application of mind.“
During the hearing, the court said civil servants exercising statutory powers must act independently. They should not function as an extension of the government while taking statutory decisions. The court said an order granting prosecution sanction should clearly show that the competent authority examined the records before taking a decision.
In his affidavit, Biju admitted that the language used in the earlier order was inappropriate. He expressed regret if it appeared to undermine the authority of the High Court. He also withdrew all statements that could be seen as questioning the court’s authority or judicial wisdom.
The controversy began after the prosecution sanction order issued on July 2 stated that the State Government had granted sanction because of the High Court’s directions and without independent application of mind. The High Court later clarified that it had never directed the government to grant sanction. It had only asked the government to reconsider the CBI’s request as per law.
Finding the statements in the order factually incorrect, the court said they amounted to an attack on the judiciary and initiated contempt proceedings against Biju.
After the court’s earlier observations, the State Government withdrew the July 2 order and issued a revised one. On Friday, the High Court made it clear that the sanction order would be accepted only if it clearly showed that the competent authority had taken the decision independently after due application of mind.
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