The Supreme Court reinstated the evidence tampering case against Kerala MLA Antony Raju. Previously, in July 2023, the Court had stayed fresh proceedings initiated against him. The case involves allegations of tampering with evidence, which had been under legal scrutiny. This decision revives the judicial process to address the accusations.
New Delhi: The Supreme Court reinstated criminal proceedings against former Kerala minister Antony Raju in the underwear evidence-tampering case.
A Bench consisting of Justices CT Ravikumar and Sanjay Karol directed the trial court to conclude the proceedings within a year.
This ruling followed a plea from Raju, a Kerala MLA, challenging the initiation of new criminal proceedings against him in this notorious case. In March, the Supreme Court expressed concern over the Kerala government’s failure to file a response, and in July 2023, it temporarily stayed the fresh proceedings against him.
Raju, a leader of the Janadhipathya Kerala Congress party and former Transport Minister of Kerala, is embroiled in a case that dates back around 33 years, when he was a young lawyer and not yet deeply involved in politics.
The case originated when Andrew Salvatore Cervelli, an Australian man, arrested at Thiruvananthapuram airport for allegedly smuggling 61.5 grams of charas concealed in his underwear. Raju represented Cervelli in the trial court, where Cervelli was convicted and sentenced to 10 years in prison.
However, the case took an unexpected turn during Cervelli’s appeal to the High Court, where it was revealed that the underwear allegedly used for smuggling was too small for him. This revelation led to Cervelli’s acquittal.
Years later, after returning to Australia, the investigating officer in the smuggling case sought a probe into potential evidence tampering based on information from the Australian National Central Bureau. As a result, a criminal complaint was filed against Raju and a court clerk in 1994. In 2006, after a lengthy delay, the Assistant Commissioner of Police submitted a charge sheet to the magistrate court.
In March of the previous year, the High Court quashed the trial court proceedings on a technicality but clarified that its order would not prevent prosecution under Section 195(1)(b) of the Code of Criminal Procedure. The High Court also instructed its Registry to initiate proceedings, allowing the trial court in Thiruvananthapuram to restart the criminal case against Raju.
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Following this, Raju approached the Supreme Court for relief regarding the initiation of proceedings against him.
However, his plea dismissed today.
Before the Supreme Court, Senior Advocate R. Basant represented Raju, with a team of advocates including Sriram Parakkat, Deepak Prakash, and others. For the State of Kerala, Senior Advocate P.V. Dinesh, alongside several advocates, presented the case.
Additionally, advocates represented third-party journalist-turned-writer M.R. Ajayan and the complainant, T.G. Gopalakrishnan Nair.