Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

The Supreme Court on Wednesday (November 20) restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.

A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred due to Section 195(1)(b) of the Code of Criminal Procedure.

The Supreme Court restored the order of the Chief Judicial Magistrate taking cognizance of the chargesheet against Raju. Considering the fact that the offence relates to an incident tracing back two decades ago, the Court ordered that the trial be concluded within one year. Raju has been asked to appear before the trial court on December 20.

The Court also held that the Kerala High Court was not in error in ordering that de novo investigation be initiated against Raju. It rejected the argument that appellant MR Ajayan(a third party) had no locus to file the appeal in the Supreme Court.

Briefly put, two special leave petitions were filed before the Court challenging the Kerala High Court's order quashing the criminal case against Raju. While Raju filed one of them challenging the High Court order to the extent it allowed fresh proceedings to be initiated against him, one MR Ajayan filed the second petition assailing the quashing of the criminal proceedings pending against Raju.

Vide the impugned order, the Kerala High Court quashed the criminal case on the technical reason that as per Section 195(1)(b) CrPC, cognizance cannot be taken on a police chargesheet in a case relating to fabrication of evidence in a court proceeding. At the same time, observing that the offence was of a serious nature interfering with the administration of justice, the High Court directed the Registry of the Court to take appropriate action to pursue the complaint under the relevant provisions of the CrPC.

Allegations in the case

The issue related to a drug seizure case of 1990 against an Australian national, who was found to be in possession of charas in the pocket of his underwear. Raju was then a junior of the lawyer who was representing the Australian accused. The underwear worn by the Australian was seized as a material object. Subsequently, the Court allowed return of the personal belongings of the Australian accused. The underwear, which was a material object in the case, was also returned. It was collected by Raju and later returned to the Court.

The sessions court convicted the Australian accused under the Narcotic Drugs and Psychotropic Substances Act. However, in appeal, the Kerala High Court acquitted him on the ground that the underwear was not of his fitting.

Even though the High Court acquitted the accused, it observed that the possibility of tampering of evidence couldnnot be ruled out and a vigilance inquiry was ordered. Following the inquiry, FIR was registered in 1994 and a final report was filed in the same year arraying Raju and a court staff as accused in the case for the offences punishable under sections 120B,420,201,193 and 217 read with 34 of the Indian Penal Code. However, the trial in the case remained pending for several years. In 2022, certain media reports highlighted the pendency of the case, following which Raju approached the High Court.

Other reports about the judgment can be read here.

Case Title: MR AJAYAN v. THE STATE OF KERALA AND ORS., SLP(Crl) No. 4887/2024 (and connected case) 

Citation : 2024 LiveLaw (SC) 905

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