Kerala HC refuses to stay ex-MLA Antony Raju’s conviction in evidence tampering case

Kochi: High court has refused to suspend the conviction of former minister Antony Raju in an evidence-tampering case that led to the acquittal of a foreign national in an NDPS case. With this, he will not be able to contest in the forthcoming assembly elections.Justice C Jayachandran dismissed the plea filed by Raju against the Thiruvananthapuram sessions court order which had declined to stay his conviction but had granted a stay only on the sentence imposed by the judicial first-class magistrate court, Nedumangad. HC observed that the conviction of an accused cannot be suspended either in the interest of law or in public interest merely because the accused is an MLA or an MP and his chances of contesting elections are in jeopardy.Raju's senior counsel sought similar relief, relying on the Supreme Court's decision in a case involving former cricketer-turned-politician Navjot Singh Sidhu, who was an accused in a murder case. However, HC noted that SC had granted relief in that case after considering specific factors, including that the incident occurred suddenly without premeditation, that the deceased was unknown to Sidhu, and that there was no motive for the offence. In contrast, HC observed that, in the present case, the trial court had found that Raju had engaged in serious, dishonest, and unethical misconduct by tampering with crucial evidence in the custody of the court. It held that there was no serious infirmity in the sessions court's order refusing to stay the conviction, warranting interference.Referring to Section 8(3) of the Representation of the People Act, which bars persons from contesting elections, HC observed that the provision serves the clear purpose of keeping out of public life those whose credibility has been stained by a conviction for specified offences or by a sentence of more than two years. Ensuring the integrity of individuals engaged in public and political affairs is the laudable objective sought to be achieved. Accordingly, any interpretation relating to the suspension of conviction must align with this objective, it added.The case arose from an incident in which an Australian national, arrested at Thiruvananthapuram airport in 1990 for allegedly possessing narcotic drugs concealed in his underwear, was acquitted after key evidence was compromised. A thondy clerk had improperly released a crucial piece of evidence — an underwear — to Raju, who was then the accused's counsel, without court approval. It was later returned in a tampered condition, thereby weakening the prosecution's case.Raju's conviction led to his disqualification as an MLA and also him being barred from contesting elections. Although the sessions court had stayed his sentence of three years' simple imprisonment and a fine of Rs 10,000, it did not stay the conviction, and the disqualification therefore remained. Following HC's refusal to suspend the conviction, Raju will now have to move SC to contest the polls.