Kerala HC issues contempt notice to bureaucrat over sanction order in KSCDC graft case

The Kerala High Court on Wednesday issued a contempt notice to a bureaucrat over the contents of a Government order granting sanction to the CBI to prosecute KSCDC officials in a 2015 corruption case.

Justice A Badharudeen said he would not spare the official concerned, as the order granting sanction to prosecute several accused, including former KSCDC chairman R Chandrasekharan, who is also the state president of the Indian National Trade Union Congress, appeared to blame the judiciary. The court was referring to the contents of an earlier sanction order issued by the Government on July 2.

The Government had subsequently issued a fresh sanction order on July 6.

“Both disciplinary and contempt action should be taken against him (the official). I won’t spare this man from contempt proceedings. He will be proceeded against. Strict action will be taken. There will be no leniency. There is no question of accepting an apology,” Justice Badharudeen said, referring to the first sanction order.

The court also observed that the official — K Biju — appeared to be trying to save the accused in the case “for reasons known to him”.

“That is the dangerous aspect of the order. How can an IAS officer say such things? He is saying the sanction order was passed because the court said so. It was an order to be issued based on the facts, dehors the prosecution records, and on primary satisfaction on merits. It was not to be issued based on what the court said,” the judge observed. The court said that it was not a sanction order but one intended to “target the judiciary and the system”.

“It is a very dangerous attitude on the part of the officer,” it said, and ordered the personal appearance of the official on the next date of hearing, July 10. The court said the official should state in person why contempt of court proceedings should not be initiated against him.

The court was hearing a contempt petition filed by Kollam native Kadakampally Manoj, alleging non-compliance with its directions regarding the grant of sanction to the CBI to prosecute Kerala State Cashew Development Corporation officials in the graft case. The corruption case dates back to 2015, when the CBI registered a case into alleged irregularities in the KSCDC following directions from the High Court.

After completing its investigation, the agency sought sanction from the state Government to prosecute the accused, including former KSCDC chairman R Chandrasekharan. Subsequently, Manoj approached the court seeking implementation of its directions to grant prosecution sanction to the CBI.