Kochi: The Kerala High Court on Monday dismissed an appeal filed by industries department secretary A P M Mohammed Hanish, challenging a single bench order directing his personal appearance in a contempt case arising from the Cashew Corporation graft case.
Court Observations
The bench of Justices K Natarajan and Johnson John further observed that if Hanish has not committed contempt, he is at liberty to seek discharge from the contempt proceedings by demonstrating his bona fides through compliance with the court’s order.
Background of the Case
The case arose from a request made by the Central Bureau of Investigation (CBI) seeking sanction under the Prevention of Corruption Act to prosecute former Kerala State Cashew Development Corporation (KSCDC) chairman and INTUC state president R Chandrasekharan, former managing director K A Ratheesh, and two others in connection with alleged irregularities in the import and purchase of cashew by the corporation.
CBI had conducted the probe pursuant to an earlier High Court order passed on a petition filed by Kadakampally Manoj of Kollam. Despite repeated directions from the High Court, the secretary declined sanction for prosecution, holding that the CBI report did not disclose sufficient material to prosecute the accused. This led to the filing of a contempt petition against Hanish.
Single Bench Direction
Consequently, the single bench directed his personal appearance before court, prompting him to file the present appeal. During the hearing, the division bench observed that the single bench had concluded that there existed prima facie material indicating that the accused in the graft case had committed the offences alleged and caused wrongful loss to the state exchequer.
The High Court further remarked that the appellant could not supersede the findings of the high court. Accordingly, the division bench dismissed the appeal, holding that there was no error in the single bench’s direction requiring Hanish’s personal appearance.
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