Kerala Court Convicts MLA Antony Raju in Underwear Evidence Tampering Case

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On Saturday, January 3, 2025, a Kerala court convicted MLA and former state Transport Minister Antony Raju in the underwear evidence-tampering case, finally bringing to an end one of the state’s longest-running legal battles.

The verdict was delivered by the Nedumangadu Judicial First Class Magistrate Court (I), which found Raju guilty under Sections 120B (criminal conspiracy), 193 (fabricating false evidence), 409 (criminal breach of trust), 201 (causing disappearance of evidence), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code. The court also convicted court clerk K. Jose under the same provisions. Sentences are expected to be pronounced separately.

Antony Raju is an Indian politician and former Kerala minister who handled the portfolios of Road Transport, Motor Vehicles, and Water Transport. A senior leader of the Janadhipathya Kerala Congress, he was elected to the Kerala Legislative Assembly from the Thiruvananthapuram constituency in 2021. The case against him dates back to a period well before his entry into active politics, when he was practising as a young lawyer in Thiruvananthapuram.

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The case began on April 4, 1990, when Raju was a young lawyer. An Australian national, Andrew Salvatore Cervelli, was arrested at Thiruvananthapuram International Airport for allegedly smuggling 61.5 grams of charas concealed in his underwear. A sessions court later convicted Cervelli and sentenced him to 10 years of rigorous imprisonment. Raju had represented Cervelli during the trial.

However, the case took a dramatic turn during the appeal before the Kerala High Court. The underwear produced as a key material object was found to be far too small to fit the accused, raising serious doubts about the integrity of the evidence. On this basis, the High Court acquitted Cervelli.

The matter resurfaced years later after Cervelli returned to Australia. Allegations emerged that the evidence presented in court had been tampered with while it was in court custody. Investigators alleged that Antony Raju, along with court clerk K. Jose, had removed the underwear from court custody, thereby altering material evidence.

According to a statement made by Cervelli to a fellow prison inmate, the information was passed on by the Australian National Central Bureau to Interpol and then to Indian agencies, eventually reaching the Kerala Police.

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Based on this information, a criminal complaint was registered in 1994 against court clerk K. Jose and Antony Raju. After a prolonged investigation spanning more than a decade, the Assistant Commissioner of Police submitted the charge sheet to the magistrate court in 2006.

The Kerala High Court later quashed the trial court proceedings on technical grounds, holding that the magistrate had taken cognisance of the case in violation of Section 195(1)(b) of the Code of Criminal Procedure. However, the High Court clarified that its order would not bar a fresh prosecution and went a step further by directing its own registry to initiate proceedings, paving the way for the case to be revived.

Raju subsequently moved the Supreme Court challenging the revival of proceedings. In November 2024, the apex court dismissed his plea, overturned the High Court’s order quashing the case, and restored the criminal proceedings.

With Saturday’s verdict, the trial court concluded the revived proceedings and held that Raju and Jose acted in concert to tamper with material evidence. Further orders relating to sentencing are expected to be issued separately.

[VP]

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