Supreme Court restores criminal proceedings against ex-Kerala Minister Antony Raju in evidence tampering case

A Bench of Justices C.T. Ravikumar and Sanjay Karol holds that it cannot be said that Kerala High Court order allowing fresh proceedings against Antony Raju was bad in law. Apex court asks the trial court to conclude the proceedings within a year

The Supreme Court on Wednesday (November 20, 2024) restored criminal proceedings against Kerala MLA Antony Raju in an over two-decade-old evidence tampering case. Mr. Raju was accused of tampering with the material evidence, an underwear of an Australian accused, whom he was representing as a junior lawyer in a narcotic drugs case.

The Supreme Court ordered the Judicial Magistrate to complete the trial in a year. Mr. Raju was ordered to appear before the trial court on December 20, 2024.

The judgment was pronounced by a Bench of Justices C.T. Ravikumar and Sanjay Karol.

The judgment was based on separate appeals filed by one M.R. Ajayan, who had contested the quashing of the criminal proceedings against Mr. Raju by the Kerala High Court.

Mr. Raju had filed the second petition and challenged Mr. Ajayan’s locus standi in the case.

Pronouncing the judgment, Justice Karol answered three cardinal questions in the case.

First, the court concluded that Mr. Ajayan did have the locus standi. Second, Justice Karol held that the High Court had committed an error in holding that the criminal proceedings against Mr. Raju was barred under Section 195(1)(b) of the Code of Criminal Procedure. Thirdly, the court held that the Keral High Court was right to hold that de novo or fresh investigation could be ordered against Mr. Raju.

Justice Karol said the case in which the alleged tampering occurred was under the NDPS Act, and hence serious. “The charges involve forgery of evidence. There should not be any protection given to the accused against criminal proceedings.”

Published - November 20, 2024 03:33 pm IST