New Delhi: The Supreme Court has directed former minister Antony Raju to face trial in the long-pending evidence tampering case in Kerala. The trial, based on a chargesheet filed in 2006, will begin on December 20, and must be concluded within a year.
The case, which dates back to 1994, involves allegations of evidence tampering in a criminal case. Despite the charge sheet being filed 16 years ago, the trial had not progressed until the Supreme Court's intervention. Legal experts warn, however, that the trial may face challenges due to the passage of time, including the unavailability of key witnesses. Many of these witnesses have passed away. Sections 120B, 420, 201, 193, 217, and 34 of the Indian Penal Code have been invoked in the chargesheet.
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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. (With inputs from PTI)
Published: 20 Nov 2024, 02:08 pm IST
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