Kerala: LDF MLA Antony Raju charged for tampering with underwear—again!

In an unexpected turn of legal events, the Supreme Court has reinstated criminal proceedings against Kerala MLA and former minister Antony Raju, following allegations of tampering with a crucial piece of evidence — a pair of underwear — in a 1990 drug case. Yes, you read that correctly: a stolen pair of underwear.

Raju is a member of Kerala's Left Democratic Front.

On Wednesday (20 November), a bench of justices C.T. Ravikumar and Sanjay Karol overturned the Kerala High Court's decision that had ruled that the case should be barred under Section 195(1)(b) of the Code of Criminal Procedure.

The Supreme Court’s ruling has now sent the case back to the chief judicial magistrate who had initially taken cognisance of the charges against Raju. The case, which revolves around a mysterious tampering with a pair of underwear, must now be concluded within a year.

Acknowledging the case’s long history, the Supreme Court directed that the trial be completed within 12 months. It also upheld the Kerala High Court's directive for a fresh investigation into the matter, dismissing the argument that petitioner M.R. Ajayan did not have the standing to appeal.

The case reached the Supreme Court through two special leave petitions: one filed by Antony Raju, challenging the High Court’s decision to allow new proceedings, and another filed by M.R. Ajayan, who contested the quashing of the criminal case.

The case dates back over three decades, when Raju was a junior lawyer involved in a drug seizure case. The incident at the heart of the case involved an Australian national who was found with charas hidden in his underwear — a detail that would later spark the controversial legal battle. The underwear, seized as evidence, was originally deemed a material object in the case.

However, in a shocking turn of events, the court ruled that the Australian accused should have his personal belongings, including the underwear, returned to him.

Although the Australian citizen was initially convicted under the Narcotic Drugs and Psychotropic Substances Act, the Kerala High Court later acquitted him, ruling that the underwear did not fit him. It was later revealed that Raju had collected the underwear and returned it to the court, leading to suspicions of evidence tampering.

The court had, at the time, also expressed concern that the possibility of tampering with evidence could not be ruled out, prompting a vigilance inquiry. In 1994, an FIR was filed and a final report was issued, naming Raju and a member of the court staff as accused persons in the case.

For years, the case languished in legal limbo, but media attention in 2022 revived the issue, prompting Raju to approach the High Court for a resolution. While the High Court agreed to quash the criminal case against him, it also called for fresh proceedings. This decision was later challenged in the Supreme Court, where both Raju and Ajayan filed special leave petitions.

Ajayan, though not directly involved in the case, objected to the quashing of the charges by the High Court.

In its ruling, the Supreme Court rejected the High Court’s conclusion that the case should be dismissed on technical grounds. The Court emphasised that tampering with evidence, especially when it involves something as 'significant' as a piece of underwear, cannot be taken lightly.

This case, which could easily be mistaken for the plot of a courtroom farce, has continued to raise eyebrows. As the trial progresses, one can only wonder what further bizarre developments will unfold in this peculiar legal battle.

For now, Raju will have to face the music — and that old pair of underwear — again when he appears in court on 20 December.