Roughly a fortnight after former minister Antony Raju approached the Kerala High Court seeking a stay on his conviction by a trial court in a case in which he was accused of tampering with evidence deposited in judicial custody in favor of an Australian national arrested for alleged drug possession, the SHO of Vanchiyoor police station in Thiruvananthapuram submitted an affidavit of such finding of not guilty before the court, which granted a declaration of release from guilt. finding court.
It will also undermine public confidence in the criminal justice system. During the time when he was acting as a defense attorney, the petitioner made an agreement with the court staff for the purpose of handling a material item (underwear worn by a foreigner) that was in the custody of the court of discovery. He was subsequently convicted of serious crimes, including criminal conspiracy and destroying and fabricating evidence.
The Supreme Court has clearly held that stay of sentence should not be granted routinely and must be limited to isolated cases where its omission would result in irreparable injustice.
Further, the mere intention or desire of the petitioner to challenge the election cannot be considered as an exceptional circumstance justifying the postponement of the conviction. Contesting an election is only a political choice and disqualification resulting from a conviction is a legal consequence under Section 8 of the Representation of the People Act, 1951, which cannot be circumvented by exercising the discretionary jurisdiction of the court, the affidavit said.
Published – 5 March 2026 22:10 IST
