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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Rajnath Singh chairs IGoM meet, urges constant vigil over West Asia crisis
New Delhi (PTI): Defence Minister Rajnath Singh on Thursday emphasised the need for round-the-clock monitoring of the West Asia conflict and called for a calibrated response to deal with any eventuality to ensure that national interests remain protected.
Singh made the comments while chairing a high-level meeting of the Informal Group of Ministers (IGoM) set-up to monitor the situation in West Asia.
The meeting was attended by External Affairs Minister S Jaishankar, Finance Minister Nirmala Sitharaman, Oil Minister Hardeep Singh Puri, Power Minister Manohar Lal, Chemicals and Fertilizers Minister J P Nadda, Consumer Affairs Minister Prahlad Joshi and Minister of Railways, Information and Broadcasting, Electronics and Information Technology Ashwini Vaishnaw.
In view of the "uncertain situation", the defence minister underlined the importance of round-the-clock monitoring of the situation and the need to respond in a calibrated manner to deal with any eventuality, an official readout said.
He stressed on the need to leave no stone unturned to ensure that the people of the country face the minimum effect of the conflict, it said.
It was the second meeting of the IGoM after it was set up last month.
The IGoM was apprised of the measures being taken by the government in the wake of the ongoing West Asia conflict, Singh said on social media.
"We also deliberated upon the next steps to be taken by the government to mitigate any adverse impact arising due to the ongoing conflict," he said.
The defence ministry said in the readout said, "In the meeting, the seven empowered groups of secretaries briefed the IGoM on the steps being taken to tackle the situation."
"The IGoM was apprised about measures undertaken by the Ministry of Finance to address concerns arising due to global trade disruptions and provide relief and support to the industry, especially manufacturing, and bolster investor confidence," it said.
It listed measures including notification issued on Wednesday on full customs duty exemption on 40 critical petrochemical products till June 30.
The ministry also mentioned announcement of a special one-time relief measure for eligible units in SEZs to sell manufactured goods in Domestic Tariff Area (DTA) at concessional customs duty rates to be effective from April 1 to March 31.
It also noted another notification issued by the Department of Revenue clarifying that the provisions of GAAR (General Anti Avoidance Rules) will not be invoked in respect of investments made prior to April 1, 2017.
"These measures will reduce cost pressures on downstream sectors including textiles, packaging and pharmaceuticals, facilitate supply stability in the country and provide requisite clarity for investors contemplating investments in India," the readout said.
Defence Minister Singh appreciated the government's decision to impose a 25 per cent cap on the monthly increase in aviation turbine fuel prices for domestic operations, with effect from April 1.
This step will help protect the people from sudden increase in fares, he said.
The government has accorded highest priority to domestic LPG supply, with refinery production enhanced to fully meet consumption requirements, according to the readout.
"The IGoM was informed that there have been no reports of dry-out at LPG distributorships, and delivery of domestic LPG (liquefied petroleum gas) cylinders continues as per the normal schedule. The temporary supply concerns arose due to instances of hoarding and black marketing, which triggered panic buying in certain areas," it said.
The ministers were informed that strict enforcement action is being undertaken, with raids being carried out across multiple states and Union territories to curb hoarding and black marketing of LPG, the ministry said in the readout.
Action has also been taken against some LPG distributors who engaged in malpractices, it said.
"To support migrant labour and low-consumption households, the government is ensuring adequate availability of 5 kg free trade LPG cylinders, and since March 23, over 4.3 lakh such cylinders have been sold. Special focus is being given to states where demand is higher," it said.
The IGoM was apprised that industrial requirements dependent on commercial LPG are being met, with over 80 per cent of pre-crisis supply levels being maintained to ensure continuity of operations.
"Special meetings have been held with ministries and stakeholders of different industries to understand their demand and meet their needs. Oil PSUs are ensuring continued supply of Auto LPG across the country," the readout noted.
"However, some supply constraints are being faced by private operators due to their procurement challenges, which is why lines are being observed at PSU auto LPG pumps. Wherever the autos are dual feed and can use petrol, they are being encouraged to use petrol," it said.
