Evidence tampering case: SC restores criminal proceedings against Antony Raju
Acknowledging that the case dates back over two decades, the Supreme Court directed that the trial be completed within one year.
Acknowledging that the case dates back over two decades, the Supreme Court directed that the trial be completed within one year.
Acknowledging that the case dates back over two decades, the Supreme Court directed that the trial be completed within one year.
New Delhi: The Supreme Court on Wednesday reinstated criminal proceedings against Kerala MLA and former state transport minister Antony Raju over allegations of evidence tampering in a drugs case he handled as a junior lawyer in 1990.
A bench comprising Justices CT Ravikumar and Sanjay Karol ruled that the Kerala High Court erred in quashing the criminal proceedings on the grounds of Section 195(1)(b) of the Code of Criminal Procedure (CrPC). The apex court restored the Chief Judicial Magistrate’s earlier order, taking cognizance of the chargesheet against Raju, reported LiveLaw.
Acknowledging that the case dates back over two decades, the Supreme Court directed that the trial be completed within one year. It also upheld the Kerala High Court's direction, allowing a fresh investigation into the matter, and dismissed the argument that petitioner M R Ajayan lacked the locus standi to appeal.
The case reached the Supreme Court through two special leave petitions. Antony Raju filed one, challenging the High Court's decision permitting new proceedings, while M R Ajayan filed the other, contesting the quashing of the criminal case.
The Kerala High Court had initially dismissed the case on technical grounds, citing Section 195(1)(b) CrPC, which bars cognizance of police chargesheets in matters of evidence fabrication during court proceedings. However, recognizing the severity of the alleged offence and its potential to obstruct the administration of justice, the High Court also directed its Registry to initiate appropriate actions under relevant CrPC provisions.
The case
The case against Antony Raju stems from a 1990 drug seizure involving an Australian national found in possession of charas concealed in his undergarment. Raju, then a junior lawyer assisting the accused's defence counsel, handled key evidence—the accused's undergarment, which had been seized as a material object in the case.
After the trial court convicted the Australian under the Narcotic Drugs and Psychotropic Substances Act, the Kerala High Court overturned the conviction during the appeal. The acquittal was based on the finding that the undergarment submitted as evidence did not match the accused's size. While acquitting the accused, the High Court noted the possibility of evidence tampering and ordered a vigilance inquiry.
The inquiry led to the registration of an FIR in 1994, naming Raju and a court staff member as accused. They faced charges under IPC Sections 120B (criminal conspiracy), 420 (cheating), 201 (causing the disappearance of evidence), 193 (fabrication of false evidence), and 217 (public servant disobeying a law). Despite submitting the final report in the same year, the trial remained stalled for decades.
In 2022, media reports brought renewed attention to the prolonged pendency of the case. Following this, Raju approached the Kerala High Court seeking relief, leading to further developments in the matter.