Kerala HC contempt: IAS officer Mohammed Hanish apologises for defying court orders
Synopsis
Key Takeaways
Senior IAS officer Mohammed Hanish, formerly holding charge as Principal Secretary, Industries (Cashew), appeared in person before the Kerala High Court in Kochi on Monday, 22 June and tendered an unconditional apology in contempt proceedings initiated against him for allegedly failing to comply with repeated court directives. The appearance marked a significant moment in a prolonged standoff between the judiciary and a senior bureaucrat over the question of prosecutorial sanction against former officials of the Kerala State Cashew Development Corporation (KSCDC).
What Triggered the Contempt Proceedings
The contempt petition was filed by Kadakampally Manoj after Hanish, while holding charge of the Industries Department (Cashew), repeatedly refused to grant sanction for prosecuting former KSCDC officials — even after the High Court found prima facie material to proceed against the accused. The court had set aside Hanish's earlier orders denying sanction and directed him to pass fresh orders granting it. Despite being given multiple additional opportunities, Hanish again rejected the request, prompting the court to initiate contempt proceedings and order his personal appearance.
What the Judge Said in Court
Justice A. Badharudeen, while hearing the matter, questioned Hanish sharply over his conduct. 'Am I right in saying that you are capable of understanding the orders and judgments of this court? Have you gone through the orders passed by this court repeatedly? Then why can't you issue this order, considering the directions issued by this court?' the judge asked. Justice Badharudeen further observed that Hanish had 'repeatedly neglected directions issued by this court and found your own opinion — in a biased manner,' adding that he was at a loss to understand the reasoning behind the officer's repeated refusals.
Hanish's Apology and Current Status
During Monday's hearing, Hanish submitted an affidavit tendering an unconditional apology. The court recorded his submission and noted that he has since been transferred from the charge of Secretary, Industries Department (Cashew). Notably, Hanish had earlier challenged the direction for personal appearance before a Division Bench, but the appeal was dismissed, compelling his presence before the court.
What Happens Next
The court has posted the matter for 2 July to consider Hanish's apology and decide on further steps in the contempt case. Separately, the court had directed the present officer in charge of the Cashew Development Department, K. Biju, to pass an order on the sanction for prosecuting the alleged corrupt former KSCDC officials by 9 July. The underlying controversy centres on corruption allegations against former KSCDC officials, where the prosecution had long sought government sanction to proceed — a sanction that was repeatedly withheld at the administrative level despite judicial findings on available material.