Kochi, June 19: The Kerala High Court expressed strong discontent on Friday regarding the absence of former Principal Secretary of the Industry (Cashew) Department, Mohammad Hanish, during the contempt petition hearing related to the Kerala State Cashew Development Corporation (KSCDC) corruption case.
Justice A. Badaruddeen warned that if Hanish fails to appear in court on Monday, strict legal action, including arrest, will be taken against him.
The court also instructed the current Secretary of the Forest and Cashew Development Department, K. Biju, IAS, to grant prosecution approval against former KSCDC officials by July 9. Failure to comply will result in contempt proceedings against him as well.
This issue arose during the hearing of a contempt petition filed by Kadakampally Manoj, alleging that Hanish did not adhere to the court’s previous order regarding prosecution approval.
The High Court had already acknowledged that there is prima facie sufficient ground to take action against former KSCDC Managing Director K.A. Ratheesh, former Chairman E. Kasim, and R. Chandrasekharan in the corruption case.
These officials are accused of awarding contracts in violation of regulations, in collusion with Jaemon Joseph, owner of M/S JMJ Traders, resulting in a loss of millions to the corporation.
The court had previously given Hanish several opportunities to reconsider the prosecution approval, but instead of granting it, he denied prosecution. Subsequently, on April 10, the High Court annulled his order, stating that he had prima facie committed contempt of court and directed him to grant prosecution approval.
Hanish challenged this order in a division bench, but his appeal was dismissed earlier this week. Following this, a single bench directed him to appear in person on Friday.
However, he did not show up in court. His lawyer argued that Hanish is no longer managing the cashew department and is occupied with budget-related tasks, requesting exemption from personal appearance.
The court rejected this argument, stating it did not wish to hear such explanations. Justice Badaruddeen remarked that Hanish was attempting to evade court appearance by filing an appeal.
The court also denied the request for an online appearance, clarifying that strict action will be taken if he remains absent in the next hearing.
The High Court allowed K. Biju to be made the second respondent in the case, instructing him to issue the prosecution approval order by July 9, with no additional time granted.
The next hearing in this case is scheduled for June 22, where Mohammad Hanish must personally appear in court.
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