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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Actor Rahul's death: Film body demands fair probe, files police complaint
Kolkata (PTI): Amidst the controversy over the accidental death of actor Rahul Arunoday Banerjee during an outdoor shoot near Digha in Purba Medinipur district, the West Bengal Motion Picture Artists' Forum on Saturday lodged a police complaint against the producers in connection with the incident.
Senior forum members, including actors Prosenjit Chatterjee and Santilal Mukherjee, told a press meet outside Regent Park police station that the complaint called for a fair and transparent probe into the tragedy.
"We want the real truth and exact circumstances behind the incident to come to light," a forum member said. Actor Rituparna Sengupta was also present at the briefing.
Banerjee's wife, Priyanka Sarkar, was also present but did not speak to the media.
"On March 29, during the shooting of television serial 'Bholey Baba Par Karega' at Talsari near Digha, our colleague and forum member, actor Rahul Arunoday Banerjee, tragically passed away due to an accidental drowning," the forum said in a statement on Friday night.
"In this regard, the forum, on behalf of its members, sought legal advice to ascertain the exact circumstances surrounding the incident. Accordingly, a formal letter was sent to the production house.... on April 1 seeking clarification," the statement said.
"However, the response received on April 2 was found to be unsatisfactory and inadequate. Since then, various opinions and concerns have also been expressed on social media regarding the incident," the forum said.
Mukherjee said in light of this, and after further legal consultation, the forum has decided to initiate legal proceedings.
Chatterjee said the forum would consult lawyers to decide the next course of action.
Meanwhile, several members of the Bengali film industry held a procession from Technicians' Studio to Radha Studio, a distance of around 1 km, carrying placards reading 'Justice for Rahul'.
The rally was led by several known faces of the industry, including actor-director Aparna Sen, Anjan Dutt, director Srijit Mukherjee, Kaushik Ganguly, actor-director Parambrata Chatterjee, actor Rudranil Ghosh, actor Riddhi Sen, actor-theatre personality Kaushik Sen, among others.
The rally was supported by technician federation director Swarup Biswas.
Earlier, the makers of 'Bholey Baba Par Karega' had expressed grief over Banerjee’s death and assured that the circumstances surrounding the incident would be examined transparently.
"The entire cast and crew are in profound mourning. We request a few days to gather accounts of those present so that a comprehensive and accurate report can be presented," the producers had said, adding that a representative nominated by the actor’s family or the forum could observe the process.
Police officials said according to eyewitness accounts, Banerjee and a co-actor were filming a dance sequence in knee-deep water when they slipped into an underwater ditch. Both were taken to a hospital in Digha, but Banerjee could not be saved.
Banerjee rose to fame with the 2008 Bengali film 'Chirodini Tumi Je Amar', directed by Raj Chakraborty, which starred him opposite Priyanka Sarkar and became a major hit.
Rahul, who had started his career in early 2000, acted in several critically acclaimed Bengali films and TV soaps after the blockbuster success of Chirodini in 2008 and also started hosting a podcast which gained popularity.
