Cashew Corp Scam: Kerala High Court Questions Industries Secretary's Absence In Contempt Case Over Refusal To Sanction CBI Prosecution

The Kerala High Court on Monday (May 18) questioned why the Principal Secretary, Industries Department (Cashew) of the State government did not personally appear before it after being directed to do so.

Justice A. Badharudeen was considering a contempt plea initiated against the Secretary for denying sanction for the Central Bureau of Investigation (CBI) to prosecute allegedly corrupt ex-officials of the State Cashew Development Corporation (KSCDC).

The 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.

Last month, the Court had passed an interim order setting aside the refusal of sanction after noting that the State had been reluctant to give sanction even though there was prima facie materials pointing to commission of offences under the Prevention of Corruption Act by the accused involving a huge scam of around Rs. 80 crores. It had also found that there was prima facie contempt in the case and asked the Principal Secretary to personally appear.

Today, when the matter came up, the government pleader submitted that an appeal would be moved against the afore order.

However, the Court orally said that once personal appearance is ordered, the two options available was either to appear in person or get a stay on the order.

The Court also orally remarked that the government pleader cannot appear on behalf of the official since he was asked to personally appear:

"Once he is asked to appeared, you have no right to appear. It is his duty to come and ask for time. Behind the curtain is not possible. He has to come personally or through his own lawyer. You don't have any right."

Thereafter, the matter was adjourned and posted to May 20 (Wednesday).

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

Case Title: Kadakampally Manoj v. Mohammed Hanish