Is Former Kerala Minister Antony Raju Disqualified as MLA Due to Evidence Tampering Conviction?
Synopsis
Key Takeaways
Thiruvananthapuram, Jan 5 (NationPress) Antony Raju, the former Kerala Minister, has faced disqualification from his position as a Member of the Legislative Assembly after being found guilty of tampering with material evidence. The verdict was issued on Saturday by the Nedumangad Judicial First Class Magistrate Court.
Raju, who served as an LDF MLA representing the Thiruvananthapuram constituency, is now disqualified in line with the Representation of the People Act, 1951, and following established rulings from the Supreme Court. As a result, the seat for the Thiruvananthapuram Assembly has been declared vacant starting from January 3, 2026.
The court handed down a sentence of three years’ imprisonment to Raju, marking a significant legal and political blow. Given that the sentence surpasses two years, the disqualification is effective immediately. Legal analysts believe that even if an appellate court suspends the sentence, the disqualification will persist unless the conviction is overturned.
The magistrate determined Raju's guilt on charges including criminal conspiracy, destruction of evidence, and fabrication of false evidence. He received a sentence of six months for criminal conspiracy, a rigorous three years along with a ₹10,000 fine for destroying evidence, and three years for falsifying evidence. Additionally, he was sentenced to two years for a charge related to forgery connected to the case.
The case involves allegations that a piece of underwear, crucial evidence in a narcotics case, was tampered to aid a foreign national in evading conviction. Raju was identified as the second accused, with the first, a court employee named Jose, also facing conviction and a three-year sentence.
Outside the courtroom, tension was palpable as a large crowd gathered for the verdict. Supporters from the Congress-led UDF expressed their anger, chanting slogans and confronting Raju as he left, necessitating police intervention to escort him away.
This case traces back to 1990, when Australian national Andrew Salvatore Cervelli was apprehended at the Thiruvananthapuram airport for allegedly trying to smuggle 61.5 grams of drugs hidden in his underwear. At that time, Raju was a budding lawyer representing Cervelli.
Although the trial court convicted Cervelli and imposed a ten-year sentence, the Kerala High Court later acquitted him, citing that the evidence (the underwear) was too small for him, thereby raising serious doubts about the prosecution's claims. Cervelli eventually returned to Australia.
Years later, following information from the Australian National Central Bureau, the investigating officer sought a probe into the alleged tampering, culminating in the current conviction.