The Kerala High Court has invalidated the State government’s decision to refuse permission for a Central Bureau of Investigation (CBI) inquiry into the corruption allegations against officials of the Kerala State Cashew Development Corporation Limited (KSCDC). The case is cited as Kadakampally Manoj v Mohammed Hanish.
Justice A. Badharudeen presided over the matter and found that the State had prima facie acted in contempt of court by consistently denying permission for the investigation, despite the court’s prior rulings. Consequently, the court instructed Mohammed Hanish, the Principal Secretary at the Industries Department (cashew), to appear in person before the court. It also nullified the most recent government order that denied prosecution sanction to the CBI.
The court’s order explicitly stated, “Prima facie contempt found. Order set aside. For appearance of respondent in person.”
Background of the Case
The case was initiated by petitioner Kadakampally Manoj, who alleged significant malpractice, corruption, and fund misappropriation in the procurement of raw cashew by KSCDC. Following his petition, the court had mandated a CBI investigation back in 2015. The CBI subsequently sought approval to prosecute former KSCDC chairman R. Chandrasekharan and former managing director K.A. Ratheesh, among others, in connection with the corruption case.
It was alleged that these officials engaged in a criminal conspiracy with an individual named Jaimon Joseph, fraudulently awarding contracts to his firm, resulting in substantial financial losses for the cashew corporation.
Upon the State’s initial refusal to grant prosecution sanction, Manoj filed a contempt of court petition. The court then annulled the State’s decision and directed it to reevaluate the CBI’s request. However, the State denied sanction once more, marking the third instance of refusal, which led to the court’s intervention. The court quashed the decision again and ordered the personal appearance of the principal secretary.
In a live coverage update, Bar and Bench highlighted the court’s decision to set aside the State government’s latest order refusing sanction to the CBI for prosecuting former KSCDC officials involved in the cashew corruption case.
As this case unfolds, it remains a significant matter of legal and public interest, highlighting the ongoing tension between State decisions and judicial oversight in high-profile corruption cases.
