Daijiworld Media Network - Kochi

Kochi, Jun 22: Senior IAS officer Mohammed Hanish appeared before the Kerala High Court on Monday and tendered an unconditional apology in contempt proceedings initiated against him for allegedly failing to comply with the court’s repeated directions regarding the prosecution of former officials of the Kerala State Cashew Development Corporation (KSCDC).

Hanish, who had earlier been serving as Principal Secretary in charge of the Industries (Cashew) Department, appeared in person after the court expressed serious dissatisfaction over his refusal to grant sanction for prosecuting former KSCDC officials despite explicit judicial instructions.

Hearing the matter, Justice A. Badharudeen questioned the officer over his repeated non-compliance and asked why he had failed to act in accordance with the court’s orders.

“Am I right in saying that you are capable of understanding the orders and judgments of this court? Have you gone through the orders passed by this court repeatedly? Then why can’t you issue this order, considering the directions issued by this court?” the judge asked.

The court observed that Hanish had repeatedly disregarded judicial directions and appeared to have formed his own opinion instead of implementing the court’s findings.

“You repeatedly neglected directions issued by this court and formed your own opinion, perhaps in a biased manner. I do not know the reason for passing such an order,” Justice Badharudeen remarked.

The contempt petition was filed by Kadakampally Manoj after Hanish, while heading the Industries (Cashew) Department, allegedly failed to comply with a High Court directive ordering him to reconsider the issue of prosecution sanction after the court found prima facie evidence against former KSCDC officials.

The High Court had previously set aside Hanish’s earlier orders denying sanction and instructed him to issue fresh orders permitting prosecution. However, despite being given additional opportunities, he once again rejected the request, prompting the court to initiate contempt proceedings and direct him to appear personally.

Hanish had challenged the order requiring his personal appearance before a Division Bench of the High Court, but his appeal was dismissed, following which the court insisted on his presence.

During Monday’s hearing, Hanish submitted an affidavit offering an unconditional apology. The court recorded the submission and noted that he had since been transferred from his position overseeing the Industries (Cashew) Department.

Meanwhile, the High Court had earlier directed K. Biju, the present officer in charge of the Cashew Development Department, to decide on granting sanction for prosecuting the former KSCDC officials by July 9.

After considering the submissions, the court posted the matter for July 2, when it will examine Hanish’s apology and determine the next course of action.

The case pertains to alleged corruption involving former KSCDC officials, where investigators had sought government approval to proceed with prosecution. The High Court intervened after observing that the earlier administrative decision refusing sanction was inconsistent with its findings based on the available evidence.