Relief for Antony Raju: High Court questions criminal intent in Evidence Tampering Case

KOCHI: In a significant development for former Kerala minister Antony Raju, the Kerala High Court on Friday observed that establishing criminal liability in the decades-old "evidence tampering" case appears difficult. The observations were made by Justice C. Jayachandran while hearing Raju’s petition seeking a stay on his conviction, a move aimed at restoring his eligibility to serve as an MLA and contest upcoming elections.

The court noted that the case relies heavily on circumstantial evidence, questioning whether there is sufficient proof to establish that Raju—then a junior advocate—acted with criminal intent. While it is a matter of record that Raju signed for the evidence (a pair of underwear) when receiving and returning it to the court, the bench asked how it could be definitively proven that he was the individual who performed the alleged tampering.

Justice Jayachandran also pointed to the defense's argument that investigators failed to identify exactly when or where the tampering occurred. Further scrutinizing the investigation, the court questioned why the probe focused solely on Raju, who was a junior lawyer at the time, and why the senior advocates handling the case were never investigated. Reference was also made to a previous High Court Vigilance Division report during the assessment.

The court's remarks provide a major boost for Antony Raju, who currently stands disqualified from his MLA post following his conviction by a trial court. Under the Representation of the People Act, a stay on the conviction is a prerequisite for him to reclaim his seat and participate in the electoral process. The High Court has reserved its final verdict on the plea.