Mohammed Haneesh tenders apology to Kerala HC; govt told to decide on prosecution sanction by July 2

Kochi: Industries Department Principal Secretary Mohammed Haneesh on Monday appeared before the Kerala High Court and tendered an unconditional apology in contempt proceedings linked to the controversial Kerala State Cashew Development Corporation (KSCDC) import corruption case.

Haneesh appeared in person before the bench of Justice A Badharudheen and submitted an affidavit apologising unconditionally to the court. He also explained the reasons for his earlier failure to appear despite court directions.

His appearance came after the High Court, on June 19, warned that coercive steps, including the issuance of an arrest warrant, would be taken if he failed to present himself before the court. In compliance with the order, Haneesh appeared at 10.15 am along with the government pleader.

The contempt petition was filed by Kollam native Kadakampally Manoj, who alleged non-compliance with court directions regarding the grant of sanction to the Central Bureau of Investigation (CBI) to prosecute officials accused in the case.

Earlier, Haneesh had challenged a single judge's order directing his personal appearance before the court. However, a division bench dismissed his plea.

Court questions official over earlier decisions

During the hearing, Justice Badharudheen questioned Haneesh on whether he was a person capable of reading and understanding court orders.

The court sought an explanation as to why actions allegedly contrary to its directions had been taken. It pointed out that Haneesh had earlier issued orders denying prosecution sanction on two occasions despite the existence of court directions in the matter.

The court asked him to explain why decisions contrary to its orders had been made.

In response, Haneesh informed the court that it had earlier directed a decision on prosecution sanction to be taken by the 10th of the month. However, he said he had been removed from charge of the department on June 8 and was therefore unable to take a decision within the prescribed timeframe.

Attempts to challenge proceedings failed

The court was informed that after contempt proceedings were initiated, Haneesh had approached both the Supreme Court and a division bench of the High Court seeking relief. However, he did not succeed in either forum.

Despite these developments, he did not appear before the High Court, prompting the court to warn that he could be arrested and produced before it if he continued to remain absent.

It was in this context that Haneesh appeared personally before the court and submitted his affidavit containing an unconditional apology.

Case originates from 2015 CBI probe

The corruption case dates back to 2015 when the CBI registered a case into alleged irregularities in the KSCDC following directions from the High Court.

After completing its investigation, the agency sought sanction from the state government to prosecute the accused, including former KSCDC chairman and INTUC leader R Chandrasekharan.

Subsequently, Kadakampally Manoj approached the court seeking implementation of its directions to grant prosecution sanction to the CBI.

As delays continued in taking a decision on the request, the single bench initiated contempt proceedings and directed the personal appearance of the Principal Secretary.

Government given time until July 2

The High Court has granted the state government time until July 2 to take a final decision on the issue of prosecution sanction and inform the court accordingly.

The court also posted Haneesh's apology affidavit and the contempt petition for further consideration on the same day.

During the hearing, the court warned that if a decision on prosecution sanction was not taken by July 2, stringent action could be initiated against the government.

According to submissions before the court, the government has now reached a consensus in favour of granting sanction to prosecute the accused, including R Chandrasekharan.

The question of prosecution sanction has remained under dispute for years. During the tenure of the previous government, sanction to prosecute the accused was denied on three occasions.

However, taking note of the High Court's firm stance in the matter, the present government led by Chief Minister V D Satheesan has decided to proceed with the legal process and move forward on the issue of prosecution sanction.

The contempt petition and the apology submitted by Mohammed Haneesh will be considered again when the matter comes up before the High Court on July 2.