SC restores criminal proceedings against ex-Kerala minister in 1990 evidence tampering case

New Delhi: The Supreme Court on Wednesday restored criminal proceedings in a trial court against former Kerala transport minister Antony Raju for alleged tampering of evidence in a drug seizure case reported in 1990.

A bench of Justices C T Ravikumar and Sanjay Karol held that it can't be said that the high court order allowing fresh proceedings against Raju was bad in law. The top court asked the trial court to conclude the proceedings within a year.

"The accused shall appear before the trial court on December 20, 2024 or on next working day of court concerned," the bench said.

The Kerala High Court on March 10 last year had quashed the proceedings noting some technical grounds in the case.

The case against the minister, a leader of Janadhipathya Kerala Congress, which is an ally of the ruling Left Democratic Front (LDF), was related to an alleged tampering of evidence in a drug seizure case reported in 1990.

Raju was the lawyer of the accused in the drug case.

The accused in the drug case, an Australian citizen, was arrested from the international airport in Thiruvananthapuram on charges of carrying hashish and the prosecution had produced an innerwear as part of the evidence against him saying the contraband was smuggled in that.

The Australian citizen was sentenced to 10 years of rigorous imprisonment.

However, he was acquitted by the high court in 1993 after his counsel proved that the innerwear was too small for him.

A police probe later showed that Raju, who had appeared for the accused, had received the underwear from the court and returned it four months later before the accused moved the high court.

Following this, a district court had ordered a case to be registered against Raju and court clerk K Jose in connection with the tampering of the material evidence.

Observing that the contention raised in the case relates to a fundamental defect in the initiation of the proceedings, which cuts the root of the proceedings, the high court said, "Therefore, it is absolutely necessary in the interest of the prosecution also that, such defect is rectified, and the proceedings are initiated in a proper manner in due compliance with the statutory stipulations".

Allowing the plea, the high court had said the order of taking cognisance on the final report and all further proceedings pursuant to the same, including the proceedings on the files of Judicial First Class Magistrate-I Nedumangad are hereby quashed.

"However, it is clarified that this would not preclude the competent authority, or the court concerned from taking up the matter and pursuing the prosecution in compliance with the procedure contemplated under Section 195(1)(b) of the CrPC.

"Though, this court interfered in the proceedings for technical reasons, it cannot be ignored that the allegations raised are serious in nature," it had said.

The high court had said the materials placed before it reveals allegations which are of such nature and gravity that interfere with the judicial functions and thereby "polluting the mechanism of administration of justice".

"Such acts are required to be dealt with strictly with all vigour, and this court expects a positive and effective follow-up action on this from the authorities concerned to ensure that a fair trial in accordance with the law takes place and the culprits are punished adequately.

"Hence the Registry of this court is directed to take appropriate action in this regard under the relevant provisions of the CrPC as referred above, without any delay by taking note of the fact that the offences were allegedly committed in the year 1990, and any further delay in the matter would defeat the entire purpose," it had said.