Antony Raju case: affidavit before HC opposes stay on his conviction

About 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 has been charged with tampering with evidence kept in court custody to benefit an Australian national arrested for allegedly possessing drugs, the SHO of the Vanchiyoor police station in Thiruvananthapuram submitted an affidavit before the court that granting such relief in the absence of exceptional circumstances will dilute the finding of guilt recorded by the trial court.

This will also undermine public confidence in the criminal justice system. While serving as a defence lawyer, the petitioner conspired with court staff to tamper with a material object (an underwear worn by the foreign national) kept in the custody of the trial court. He was subsequently convicted for serious offences, including criminal conspiracy and destruction and fabrication of evidence.

The Supreme Court has clearly held that suspension of conviction should not be granted routinely and must be restricted to rare cases, where failure to do so would result in irreversible injustice.

Further, the mere intention or desire of the petitioner to contest an 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 the court, the affidavit said.