Don't be government's weapon: Kerala HC advises IAS officer caught in cashew scam contempt case

The Kerala High Court on Friday emphasised that Indian Administrative Service (IAS) officers are expected to act with integrity and not blindly act on the government's behest or enable illegalities by the State.

Justice A Badharudeen commented on the issue while rejecting an apology affidavit filed by the Secretary of the State's Industries Department, IAS officer K Biju.

The affidavit was filed as part of contempt of court proceedings tied to the alleged Kerala State Cashew Development Corporation (KSCDC) corruption case. The Court found that the affidavit did not reflect an unconditional apology and directed Biju to file a fresh affidavit.

The Court also advised the IAS officer against blindly acting at the instance of the political executive or succumbing to threats from influential quarters.

"Don't be a weapon of the government ... You must ensure that (your selection as an IAS officer) is to serve the people in the country and not the government to do illegalities ... Whatever be the threats, influence, avoid it. As Napoleon said 'Cowards die many times before their death but brave only once'", said Justice Badharudeen.

The matter concerns the State's repeated defiance of court orders directing a proper reconsideration of the government's earlier refusals to grant sanction to prosecute former KSCDC officers in the cashew scam case.

On July 8, the Court found that IAS officer K Biju had passed two contradictory orders in the matter. One order indicated the grant of sanction but added that it was the Court which had ordered the grant of such sanction. It further said that the accused reserved their right to file an appeal.

A revised order deleted such comments after objections were raised.

Contempt proceedings were initiated against Biju after the Court took note of these contradictory orders. In the July 8 hearing, Justice Badharudeen observed the first prosecution sanction order appeared to be intended to malign, ridicule and attack the judiciary.

"Who said this Court directed the Government to issue prosecution sanction? The Court only directed reconsideration. The Government was free to grant or refuse sanction, but the decision had to conform to the findings recorded by this Court," the judge observed at the time.

The judge went on to opine that the executive officers who signed the contradictory orders must also be held accountable.

"The officers adopted a stand favourable to the accused and attempted to help them. I am not blaming the Government. The officers are responsible," he said.

The Court, therefore, initiated contempt of court proceedings against Biju and ordered him to be personally present for the hearing of the matter on July 10.

However, the Court today was not impressed by the affidavit filed by the IAS officer in response.

"Is this what you call an unconditional apology? You must be careful. No government will save you if you are being empowered to agitate against courts. Court know how to deal with such situations. Don't think courts are powerless," said Justice Badharudeen.

The Court proceeded to order Biju to file a fresh response.

"File a fresh affidavit. Not only the apology, you must also say that while issuing the second order, I have gone through the contents of the prosecution records, with application of my mind, I have found that prima facie allegation made out so that the sanction was issued. Include this in the fourth paragraph," said the Court.

The Principal Secretary of the Industries Department, Mohammed Hanish is also facing contempt proceedings in the matter.

Today, the Court questioned Hanish about his role in the issuance of the prosecution sanction orders. It asked Hanish whether he had advised Biju to pass them. Both officers were duty-bound to act independently, and not facilitate illegalities by the government, the Court warned.

The case itself stems from a 2015 CBI probe into alleged corruption in raw cashew procurement by the KSCDC. The CBI had investigated case following the High Court's orders.

Following the probe, the CBI sought sanction to prosecute former KSCDC chairman R Chandrasekharan and former managing director KA Ratheesh, among others, in the corruption case.

The State government initially declined sanction following which the single judge directed a fresh consideration of the matter. However, sanction was refused again.

In April this year, the High Court found a prima facie case of contempt was made out after the State refused to grant prosecution sanction a third time.

In the April order, a single judge-Bench of the Court set aside the order of the State and directed the Principal Secretary of the Industries Department, Mohammed Hanish, to appear before it in the contempt proceedings. A Division Bench also later upheld this direction.

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