KOCHI: In a surprising move, the CBI has erased a few key elements from its statements, including the submission that no sanction is required to prosecute INTUC state president R Chandrasekharan and former managing director of Kerala State Cashew Development Corporation K A Ratheesh, in the `600-crore scam in procuring inferior quality raw cashew nuts from abroad.
The contrasting change in the contents of the two affidavits is puzzling. In the affidavit filed on December 7, CBI submitted that the earlier statement filed by it in the matter may be allowed to be withdrawn and the new statement may be considered as the statement of the CBI. In the new affidavit, the CBI reiterated the submission that the state government had not properly appreciated the evidence forwarded by it and ignored the gravity of the offence while declining sanction to prosecute the accused.
However, other submissions regarding sanction have been deleted from the new affidavit. The CBI had submitted the order was passed without application of mind to the facts submitted before the sanctioning authority and it was passed to avoid the filing of a final report by the CBI against the accused persons. The Constitution Bench of the apex court had held that the provision under Section 19 of the Act was not applicable to persons who are not a public servant as on the date of taking cognisance.
The apex court had also held that no sanction under Section 19 of the PC Act is necessary if the accused public servant is employed in a different office at the time of cognisance. CBI submitted that K A Ratheesh is not working as the managing director of the cashew corp and Chandrasekharan is not a public servant now. CBI also sought to set aside the order declining sanction. But these points are not shown in the new affidavit.CBI made the submission in response to a petition filed by Kadakampally Manoj challenging the government order.