'Don't Play These Tactics': Kerala High Court Warns IAS Officer Of Arrest Over Repeated Absence In Cashew Corporation Contempt Case

The Kerala High Court on Friday (June 19) expressed extreme displeasure at the non-appearance of Mohammed Hanish, the former Principal Secretary, Industries Department (Cashew) of the State government inspite of positive direction to do so.

The Court also ordered the present officer, K. Biju IAS, to pass sanction order to prosecute the alleged corrupt ex-officials of the State Cashew Development Corporation (KSCDC).

Justice A. Badharudeen was considering the contempt plea filed by Kadakampally Manoj after Hanish failed to comply with the High Court direction, which asked him to re-consider sanction in the light of its finding that there were prima facie materials to prosecute the KSCDC ex-officials.

The Court today observed:

"The reluctance of the respondent to appear before this Court is noted with extreme displeasure...there shall be direction to the 1st respondent to appear before this Court on Monday without fail and on failure to do, this Court will be forced to initiate coercive steps to secure his presence to proceed with contempt in accordance with law."

Though the Court had given Hanish two more chances to grant sanction in accordance with its direction, Hanish passed orders denying sanction.

On April 10, the Court set aside these orders denying sanction and found him to be in prima facie contempt of court. It also ordered Hanish (then Principal Secretary) to pass order granting sanction to prosecute the accused. However, instead of complying, he appealed before the Division Bench, which dismissed the appeal earlier this week.

Noting that his appeal was dismissed, the Court orally questioned the special government pleader representing Hanish regarding the non-appearance.

The government pleader submitted that Hanish is no longer in the cashew department so he cannot comply with the direction to grant sanction. She also pointed out that the contempt petitioner has filed an impleading petition to implead the present officer in charge.

Hearing the submission, the Court orally said:

"He is playing. I'm not inclined. I am proceeding against him in contempt for which appearance is necessary...This is a contempt. Contempt is against Hanish, who is present respondent. I have ordered for his personal appearance. He filed appeal to get exemption from personal appearance. Appeal dismissed. He is bound to appear today to proceed for contempt. What is your explanation for non-appearance of the party?"

When the special government pleader again submitted that Hanish is no longer is charge, the Court replied: "I don't want to hear that explanation."

The Court also refused permission for him to appear online on the ground that he is unable to leave Thiruvananthapuram since he is engaged in budget preparation:

"I don't want online appearance...You please tell this man, do not play these tactics before this Court. Otherwise, I shall take it seriously. Next time, if he fails to appear, I shall detain him in custody by arresting him. No doubt about that. Take this as very serious."

The Court allowed the impleading petition to array K. Biju IAS, Secretary, Forest and Cashew Development, Government of Kerala as the 2nd respondent after overruling the defect noted by the Registry that no memo of charges was filed against Biju. He has been directed to pass order of sanction by July 9.

"There shall be a specific direction to the 2nd respondent to comply with the order on or before 09.07.2026 and no further time will be granted. On failure to do so, contempt proceedings shall be initiated against the 2nd respondent also," the Court ordered.

It then orally said: "He is to be impleaded to implement the second part of the direction."

The case is now posted to Monday (June 22) for the personal appearance of Mohammed Hanish. 

The allegation against the accused was that they entered into criminal conspiracy with Jaimon Joseph, Proprietor of M/s JMJ Traders and in furtherance of the criminal conspiracy, dishonestly awarded contracts to M/s JMJ Traders, in violation of rules, causing losses of several crores to the corporation.

The Court had earlier found Hanish to have prima facie committed contempt of court for not granting sanction despite its repeated directions. It had then called for his personal appearance and had also directed him to re-consider sanction to prosecute former Managing Director K.A. Ratheesh and former Chairmen E. Kasim and R. Chandrasekharan.

However, instead of complying with the order, Hanish had preferred an appeal before the Division Bench, which had dismissed the same earlier this week.

Last week, the Single Bench had directed Hanish to positively comply with its order to re-consider sanction to prosecute allegedly corrupt ex-officials.

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

Case Title: Kadakampally Manoj v. Mohammed Hanish