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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Petrol pump worker killed as SUV hits motorcycle head-on in Gurugram
Gurugram (PTI): A petrol pump worker died after an SUV rammed into his motorcycle in the Sushant Lok area here, police said on Thursday.
The accused driver fled the scene, leaving the vehicle after the accident. An FIR has been registered at the Sushant Lok police station, they said.
According to police, the accident occurred on Wednesday afternoon when Mukesh was travelling from Sector 44 to Sushant Lok on Vyapar Kendra Road for some work.
Near Vyapar Kendra, a white Thar coming from the wrong side at high speed hit his motorcycle head-on, leaving him critically injured, they said.
The driver fled the scene, leaving the vehicle behind, police added.
Eyewitnesses claimed the vehicle had no number plates either at the front or rear.
Locals took Mukesh to a private hospital, where he died during treatment, police said. He was a resident of Rohta Patti in Palwal and worked at a petrol pump in Sector 44.
An FIR was registered against the unidentified driver, based on a complaint lodged by his brother Ashok. The body was handed over to the family after a post-mortem on Thursday, police said.
“The Thar vehicle has been seized from the spot. CCTV footage from the area is being examined, and the driver will be arrested soon,” a Gurugram police spokesperson said.
