Kerala MLA Antony Raju to face trial as SC restores evidence tampering case against him

Raju, an MLA from the Janadhipathya Kerala Congress, is portion of the state’s ruling Left Democratic Front coalition.

In 1990, the constabulary had arrested an Australian nationalist successful a Narcotic Drugs and Psychotropic Substances (NDPS) Act lawsuit aft drugs were seized from his underwear. The accused was convicted by a proceedings tribunal but the Kerala High Court acceptable him escaped arsenic the innerwear was not of his size. However, the precocious tribunal was of the presumption that tampering with grounds whitethorn beryllium a possibility.

Subsequently, a vigilance enquiry followed and Raju and a tribunal worker were arraigned arsenic accused successful a First Information Report (FIR) registered successful 1994 connected charges of conspiracy to origin disappearance of evidence. Raju challenged this earlier the precocious court, which quashed the FIR connected the grounds that cognisance cannot beryllium taken connected a constabulary chargesheet successful a lawsuit relating to the fabrication of grounds successful a tribunal proceeding.

Acknowledging the superior quality of the offence, the precocious court, however, asked its registry to instrumentality due enactment to prosecute the ailment nether the applicable provisions of the Criminal Procedure Code (CrPC).

Two appeals were filed against this earlier the Supreme Court — 1 by a 3rd idiosyncratic challenging the acquittal and the different by Raju against the precocious tribunal absorption that the ailment beryllium pursued nether applicable provisions of CrPC. Raju questioned the locus of the appellant earlier the Supreme Court but connected Wednesday, the seat of Justices Ravikumar and Karol rejected his objections.

On the question of whether the precocious tribunal rightly held that the proceeding successful question would beryllium deed by the barroom nether CrPC, the Supreme Court said, “We are of the presumption that the precocious tribunal committed an mistake and determination is nary bar.” It added that determination was nary mistake successful the precocious tribunal ordering steps to beryllium taken connected the complaint.

“Applying the supra principles to the lawsuit successful manus wherever the alleged forgery of grounds successful a transgression probe has resulted successful acquittal successful an NDPS lawsuit and thereafter FIR has been registered, the HC has rightly considered this to beryllium an exceptional condition wherever the accused persons should not beryllium protected from facing the processes of law. Therefore…it cannot beryllium said that the HC ordering caller steps to beryllium taken against the precocious extremity was atrocious successful law,” the Supreme Court said.

“In presumption of the above, impugned (HC) bid is acceptable aside. The bid taking cognisance…and each different proceedings pursuant to the aforesaid are restored to the files of the judicial archetypal people magistrate, concerned,” the Supreme Court added.

It directed that the accused shall look earlier the proceedings tribunal connected December 20, 2024, oregon connected the adjacent moving time of the tribunal concerned.