The Supreme Court expresses dissatisfaction with Kerala’s non-response in the Antony Raju underwear evidence tampering case, a legal saga spanning three decades. The case involves an Australian man, Andrew Salvatore Cervelli, arrested 33 years ago for drug smuggling, later acquitted due to evidence discrepancies.
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NEW DELHI: On Today(12th March), The Supreme Court of India expressed its dissatisfaction with the Kerala government’s lack of response regarding the infamous underwear evidence tampering case involving Kerala MLA Antony Raju.
The case dates back to an incident approximately 33 years ago, involving an Australian man, Andrew Salvatore Cervelli, who was arrested at the Thiruvananthapuram airport for allegedly smuggling 61.5 grams of charas concealed in his underwear. Antony Raju, who was then a budding lawyer and not yet involved in politics, represented Cervelli. Despite the conviction and a 10-year imprisonment sentence handed down by the trial court, the case took a peculiar turn upon reaching the High Court due to discrepancies in the evidence, particularly the size of the underwear, leading to Cervelli’s acquittal.
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The twist in the case came years later when the investigating officer, prompted by information from the Australian National Central Bureau, sought to reopen the case suspecting evidence tampering. This led to a criminal complaint against Raju and a court clerk in 1994, followed by a charge sheet filed by the Assistant Commissioner of Police in 2006. However, the proceedings were halted by the High Court on technical grounds, though it allowed for the possibility of prosecution under Section 195(1)(b) of the Code of Criminal Procedure.
Fast forward to the present, the Supreme Court’s bench, comprising Justices CT Ravikumar and Rajesh Bindal, has shown clear concern over the Kerala government’s silence on the matter.
Justice Ravikumar, stating:
“This is a serious matter, this can erode the faith of the people in the institution if the allegations go one way.”
Justice Bindal further questioned the government’s inaction, asking-
“Why have you not replied? Is it because you are hand-in-glove with the accused? … What counter you will file now, all facts are there on record.”
Antony Raju, now a leader of the Janadhipathya Kerala Congress and a former member of the Kerala cabinet, has found himself in the eye of the storm once again as the Supreme Court has stayed the fresh proceedings initiated against him, pending a response from the state government.
