Antony Raju case: Kerala High Court refuses to stay conviction; bar on contesting elections stands

In a major setback for the former Transport Minister and Janadhipathya Kerala Congress leader Antony Raju, the Kerala High Court on Tuesday dismissed his plea to stay his conviction in the infamous evidence tampering case. Consequently, his disqualification from contesting elections remains in force.

The former MLA, who represented the Thiruvananthapuram Central constituency, lost his seat and was barred from the electoral fray following his conviction in the case, which dates back more than 30 years. Raju moved the High Court seeking a stay on the conviction specifically to overturn the disqualification, after a similar plea was previously rejected by the Thiruvananthapuram Sessions Court.

With his disqualification upheld, the Janadhipathya Kerala Congress—which was hopeful for a favourable verdict—now faces a crisis regarding its candidate for the Thiruvananthapuram Central seat in the upcoming elections.

The case background

Antony Raju was sentenced to three years of imprisonment for his role in tampering with court evidence to save an Australian national in a drug trafficking case during his time as a junior lawyer. Notably, Raju is the first individual in Kerala’s history to lose an MLA position due to a conviction in a criminal case.

He is the second accused in the case, while the first accused, district court clerk K S Jose, was also sentenced to three years. Both individuals are currently out on bail granted by the court.

What is the "evidence tampering" case?

The roots of the case trace back to April 4,1990, when Australian national Andrew Salvatore Cervelli was apprehended at the airport with 61 grams of hashish. The Valiyathura police registered a case, and the district court subsequently sentenced Cervelli to 10 years in prison and a fine of ₹1 lakh.

However, when the appeal reached the High Court in 1992, Cervelli was acquitted. After returning to Australia, he was later arrested in connection with a murder case. While in an Australian prison, he reportedly confessed to a fellow inmate that his lawyer, Antony Raju, and a court clerk named Jose had tampered with the underwear—a key piece of evidence held by the district court—to ensure it would not fit him during the trial.

The fellow inmate alerted the Australian police, who then shared the information with the Kerala Police via Interpol, eventually leading to the long-running legal battle against Raju.