Kochi: The Kerala High Court on Tuesday rejected the plea filed by former Transport Minister and Thiruvananthapuram MLA Antony Raju seeking to set aside a Sessions Court order that refused to quash his conviction in an evidence tampering case. The dismissal of the plea has effectively ruled him out of the upcoming Assembly elections.

With the High Court upholding the lower court’s decision, Raju will remain disqualified from contesting, as his conviction and sentence continue to stand. Under the Representation of the People Act, individuals sentenced to more than two years in prison are barred from contesting elections.

The plea had challenged the order of the District and Sessions Court, Thiruvananthapuram, which had earlier dismissed his application to quash the conviction, though it had granted a stay on the execution of the sentence. Raju had approached the High Court seeking relief from both the conviction and the three-year prison term imposed in the case.

The matter was heard in detail by Justice C Jayachandran. Senior advocate P Vijayabhanu appeared for Raju, while senior public prosecutor Sajju S represented the State. Journalist M R Ajayan had also opposed the plea through an impleading petition.

The case dates back to 1990 and involves an Australian national, Andrew Salvatore, who was caught at Thiruvananthapuram airport with narcotics concealed in his underwear. According to the prosecution, key evidence, including the underwear seized by police and kept in court custody, was tampered with after being released to Raju, who was then a junior lawyer representing the accused.

The altered evidence was later produced in court, resulting in Salvatore’s acquittal, as the underwear presented did not match the original. The prosecution alleged that Raju conspired with a court clerk to tamper with the material evidence.

During the hearing, Raju’s counsel argued that he had no knowledge of any tampering and had merely acted on the instructions of his senior. It was submitted that the petition to release the property was filed by the accused’s relative and that Raju, as a junior lawyer, was only asked to collect the items without being aware of their contents.

The High Court, during arguments, had raised questions about the lack of evidence indicating motive or criminal intent on Raju’s part and pointed to gaps in the prosecution’s case, including the absence of any specific allegation of personal gain or connection with the accused.

Raju’s counsel also cited inconsistencies in the investigation, including an earlier report that found no evidence and a subsequent report that led to the prosecution. Reference was also made to an Interpol communication suggesting that a court clerk may have been responsible for switching the evidence. Despite these arguments, the High Court declined to interfere with the Sessions Court’s order, leaving the conviction intact.

Raju, who was convicted by the Judicial First Class Magistrate Court in Nedumangad, had been sentenced to multiple terms of imprisonment, including three years for offences related to the destruction and fabrication of evidence, with all sentences running concurrently.

He had argued that keeping the conviction in force during the pendency of his appeal would cause irreversible harm by preventing him from contesting elections. However, the High Court’s decision now effectively ends his chances of entering the electoral fray in the upcoming Assembly polls, marking a significant setback to his political career.
(With LiveLaw inputs.)