The Kerala High Court declined the unconditional apology offered by IAS officer K. Biju, the Cashew Department Secretary, regarding a controversial government order in the Cashew Development Corporation corruption case. The court instructed Biju to submit a new affidavit addressing crucial omissions highlighted by the court. The High Court emphasized the role of civil servants, warning against being tools of the government in judicial matters.
The court’s message to the State’s bureaucracy emphasized that government officers should serve the people and not merely defend the government. Referring to Napoleon Bonaparte, the court stated, “A brave man dies only once.” The contempt proceedings stemmed from a government order granting CBI sanction to prosecute individuals in the corruption case, including INTUC leader R. Chandrasekharan.
The High Court had expressed concern over the wording of the order, suggesting that it implied the government granted prosecution sanction due to High Court pressure, shifting responsibility to the judiciary. Biju, summoned by the court, expressed regret in an affidavit, acknowledging the inappropriate language used in the order. The court found the apology insufficient as it did not explicitly recognize that the government independently granted prosecution sanction based on corruption allegations.
The court also questioned Industries Department Principal Secretary A.P.M. Mohammed Hanish about his involvement in the controversial order. Following the Advocate General’s intervention, the original order was withdrawn, and a revised order was issued. The High Court hinted at further actions after reviewing the revised affidavits from government officials, expressing concerns about attempts to discredit the judiciary and protect the accused.
The CBI case revolves around alleged illegal import of raw cashew nuts from Africa between 2006 and 2015, leading to significant losses for the Kerala State Cashew Development Corporation. Former Managing Director K.A. Ratheesh and R. Chandrasekharan are among the accused in the case.
