Kerala govt opposes Antony Raju plea in HC to suspend conviction
Kochi (Kerala) (PTI): The state government on Thursday filed a statement in the Kerala High Court opposing the plea of former state Transport Minister Antony Raju to suspend his conviction in an evidence-tampering case, saying that granting the relief "would undermine the integrity of the electoral process."
The government said he was seeking the relief only to contest the upcoming assembly polls.
Raju, a leader of the Janadhipathya Kerala Congress—a constituent of the CPI(M)-led LDF in Kerala—moved the High Court after the Thiruvananthapuram District and Sessions Court declined to suspend his conviction.
Opposing his plea, the state government said Raju "has failed to demonstrate any grave injustice or irreparable damage that would occur if the conviction is allowed to operate."
It noted that his tenure as a legislator was almost over when he was convicted and sentenced to three years' imprisonment, and that the assembly polls were "already at the doorstep."
"Furthermore, the petitioner (Raju) committed these crimes in his capacity as an advocate, long before becoming a representative of the people, which aggravates the nature of the misconduct. Granting a stay would undermine the integrity of the electoral process," the government said in its statement.
It further added that Raju's intention or desire to contest in the upcoming election "cannot be treated as an exceptional circumstance warranting suspension of conviction."
"Contesting an election is only a political choice, and the disqualification arising from a conviction is a statutory consequence under Section 8 of the Representation of the People Act, 1951, which cannot be circumvented by invoking the discretionary jurisdiction of this court. Hence, the petition for suspension of conviction deserves to be dismissed," the government said.
Raju was sentenced to three years' simple imprisonment by the Judicial First Class Magistrate-I Court, Nedumangad, in a case related to tampering with evidence while appearing as a lawyer for an Australian national arrested in a drug case in 1990.
Following his conviction, the Kerala Legislative Assembly Secretariat issued a notification confirming his disqualification.
In his plea to the High Court, Raju said the application for suspension of conviction was filed because, as a sitting member of the Kerala Legislative Assembly, he stood disqualified from holding office solely due to the conviction.
According to him, unlike a sentence of imprisonment, the disqualification under Section 8(3) of the Representation of the People Act is self-operating and instantaneous, leaving no scope for restitution unless the conviction itself is suspended.
"The petitioner's right to contest the upcoming general election to the state legislative assembly is put in peril due to the conviction imposed on him via the judgment impugned in the criminal appeal, which is indefensible both on facts and law," the petition said.
He also contended that the conviction and sentence passed by the magistrate court were against the law, facts, and evidence, and alleged that the court had committed grave errors in the appreciation of evidence.
"The sentence passed by the court below is excessive and has not taken into consideration the delay of 35 years. The sentence was passed only to disqualify the petitioner under the Representation of the People Act," the petition said.
The High Court is likely to hear the matter on March 6.
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Trump’s fresh threat to bomb Iran amid reports of deal to end war
Washington (PTI): US President Donald Trump on Wednesday threatened Iran with more bombing if it doesn't reopen the Strait of Hormuz, amid a report that the warring sides were nearing an agreement to end the war.
US media outlet Axios reported, quoting US officials and two other sources, that the US and Iran were getting close to a one-page memorandum of understanding to end the war and set a framework for more detailed nuclear negotiations.
The US expects Iranian responses on several key points over the next 48 hours, Axios reported, adding that nothing has been agreed yet. This was the closest the parties had been to an agreement since the war began.
"Assuming Iran agrees to give what has been agreed to, which is, perhaps, a big assumption, the already legendary Epic Fury will be at an end, and the highly effective Blockade will allow the Hormuz Strait to be OPEN TO ALL, including Iran," Trump said in a post on Truth Social.
"If they don’t agree, the bombing starts, and it will be, sadly, at a much higher level and intensity than it was before," Trump said.
According to Axios, the deal would involve Iran committing to a moratorium on nuclear enrichment, the US agreeing to lift its sanctions and release billions in frozen Iranian funds, and both sides lifting restrictions around transit through the Strait of Hormuz.
It said many of the terms laid out in the memo would be contingent on a final agreement being reached, leaving the possibility of renewed war or an extended limbo in which the hot war has stopped, but nothing is truly resolved.
