Home IndiaKerala Kerala MLA Antony Raju convicted in 36 year old evidence tampering case, faces disqualification

Kerala MLA Antony Raju convicted in 36 year old evidence tampering case, faces disqualification

by Abhay Anand
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Thiruvananthapuram, Jan 3: A Kerala court on Friday convicted Left Democratic Front (LDF) MLA and former Transport Minister Antony Raju in a long pending evidence tampering case linked to a 1990 narcotics prosecution, bringing to a close a legal saga that has spanned more than three decades.

The verdict was delivered by the Judicial First Class Magistrate-I Court, Nedumangad, which found Raju guilty on multiple counts, including tampering with evidence, fabricating false evidence and criminal breach of trust by a public servant. Raju was the second accused in the case, while the first accused is a former court clerk, Jose.

The case dates back to April 1990, when Australian national Andrew Salvatore Cervelli was arrested at the Thiruvananthapuram international airport for allegedly attempting to smuggle 61.5 grams of contraband concealed in his underwear. At the time, Antony Raju was a junior lawyer and appeared as Cervelli’s counsel.

During the trial, Cervelli’s personal belongings, including the underwear — a crucial material exhibit — were released by a court clerk to Raju following a court order. Though the underwear was later returned to the court’s custody, a dramatic twist emerged during appellate proceedings. The Kerala High Court observed that the underwear produced as evidence was too small to fit Cervelli, casting serious doubts on the prosecution case.

Based on this discrepancy, the High Court acquitted Cervelli in February 1991, while flagging suspicion of evidence tampering. A subsequent vigilance inquiry led to the registration of an FIR in 1994 against Raju and the court clerk, alleging a criminal conspiracy to alter or cause the disappearance of material evidence. Investigators claimed that alterations were made to ensure the underwear did not fit the accused.

After a prolonged investigation lasting 12 years, a charge sheet was filed in 2006, accusing Raju of criminal conspiracy, cheating, fabricating false evidence and causing the disappearance of evidence. In 2023, the Kerala High Court quashed the proceedings citing the bar under Section 195(1)(b) of the Code of Criminal Procedure, though it directed that a fresh probe be conducted following due procedure.

The matter took another turn when the Supreme Court in 2024 set aside the High Court’s order, restoring the criminal proceedings and paving the way for the trial court’s verdict.

On January 3, 2026, the Nedumangad court sentenced Raju to three years’ imprisonment for tampering with evidence, two years for fabricating false evidence, and one year for criminal breach of trust by a public servant. The court ordered the sentences to run concurrently, resulting in an effective jail term of three years.

Under the Representation of the People Act, the conviction and sentence entail automatic disqualification of Antony Raju as an MLA and bar him from contesting elections for six years. While the charges proved against him carry punishments ranging from 10 years’ imprisonment to life, the concurrent sentencing limited the effective term.

The verdict marks a significant development in one of Kerala’s most prolonged and closely watched legal cases, underscoring the long shadow cast by allegations of judicial evidence tampering.

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