Cashew Corp 'Scam': Kerala High Court Directs Compliance Of Order On Re-Considering Sanction To Prosecute Ex-Officials

The Kerala High Court on Wednesday (June 10) directed Mohammed Hanish, the Principal Secretary of the Industries Department (Cashew) of the State government to positively comply with its order to re-consider sanction to prosecute allegedly corrupt ex-officials.

Justice A. Badharudeen directed compliance by June 19 (Friday) unless a stay is granted by the Division Bench.

When the matter came up for consideration today, Hanish's counsel submitted that the appeal preferred against the order in the contempt plea has been posted on June 15 (Monday) at 1:45 pm for consideration.

The Court then orally asked if there was any stay granted against compliance with its order:

"What about compliance with the order? There is no stay. Either you have to comply with the order or I shall go for second contempt otherwise."

The contempt plea was moved after the State again declined nod for CBI prosecution, despite a previous direction of the High Court in Kadakampally Manoj v. State of Kerala and Ors. setting aside State's first order refusing to grant sanction in the matter.

During the pendency of the contempt proceedings, the Court had passed an interim order setting aside the second order refusing sanction and directing the State to again consider CBI's request. Later, on 29.10.2025, the public prosecutor submitted that again, order was passed, refusing sanction for a third time.

Thereafter, on April 10, the Single Judge had ordered personal appearance of the Principal Secretary after finding that he was prima facie in contempt of the Court's judgment. The Court had also quashed the denial of sanction to prosecute the official and directed for re-consideration of the same in compliance with the afore judgment by May 18.

Against this order, an appeal has been preferred before the Division Bench. On May 29, the Division Bench dispensed with the personal appearance of the Principal Secretary till the appeal is disposed of. However, no stay has been granted against the Single Bench's order to re-consider sanction.

Taking note of the above circumstance, Justice Badharudeen passed an order today:

"In the order passed by this Court, first direction was to proceed against the respondent for contempt for which Division Bench stayed personal appearance of the respondent till the disposal of the appeal. Second direction was to reconsider the question of sanction strictly in accordance with...judgment. Even though it was specifically directed to comply with the order on 18.5.2026, order not complied or stay order produced...Therefore, the respondent is positively directed to comply with the order on or before 19.6.2026 unless there is stay from the Division Bench."

The case is posted on June 19 for further consideration. The appeal is posted by the Division Bench on June 15 at 1:45 p.m.

Case No: Con.Case(C) 908/2025

Case Title: Kadakampally Manoj v. Mohammed Hanish