Kerala HC: “Difficult to Prove Intention” in Antony Raju Evidence Tampering Case

KOCHI (Friday, March 6, 2026) — The Kerala High Court on Friday made significant oral observations while hearing a plea by former State Transport Minister Antony Raju, questioning the feasibility of proving “criminal intention” in a 36-year-old evidence tampering case. Justice C. Jayachandran, while considering Raju’s petition to stay his conviction, noted that the accused was a junior lawyer at the time and questioned how specific motive could be attributed to him without a “special interest” in the client.


Key Judicial Observations

The hearing focused on whether Raju, as a junior advocate in 1990, could be held criminally liable for the alleged swapping of a crucial piece of evidence—a pair of underwear—in a narcotics case involving an Australian national.

  • Junior vs. Senior Responsibility: The court asked whether the senior lawyer in the case was aware of the tampering. It remarked that unless the prosecution proves a “special connection” or “special knowledge,” it is difficult to fasten mens rea (guilty mind) on a junior merely assisting his senior.
  • Circumstantial Evidence: Justice Jayachandran observed that at best, the case rests on circumstantial evidence. “Just because he took and returned [the article], can it be said that he tampered with it?” the judge asked, noting the chain of evidence appeared incomplete.
  • The Intention Factor: The court highlighted that proving a lawyer had the specific intention to commit a “mischief” like evidence tampering—especially when acting as an officer of the court—requires more than just the physical act of handling the object.

The Case Timeline: “The Underwear That Didn’t Fit”

The case is one of Kerala’s most unusual legal sagas, spanning over three decades.

YearEvent
1990Australian national Andrew Salvatore Cervelli arrested with drugs hidden in his underwear.
1991Cervelli acquitted by HC after the underwear produced in court was too small to fit him.
1994FIR registered against Antony Raju (junior lawyer) and K.J. Jose (court clerk) for tampering.
2024Supreme Court restores the case after years of technical delays.
Jan 3, 2026Raju convicted and sentenced to 3 years; consequently disqualified as an MLA.
Mar 6, 2026Kerala HC reserves verdict on his plea to stay the conviction.

Political Stakes

The outcome of this plea is critical for Raju’s political future.

  • Disqualification: Under the Representation of the People Act, his conviction has already led to his disqualification from the Kerala Assembly.
  • Election Eligibility: Raju is seeking a stay on the conviction itself (not just the sentence) to allow him to contest the upcoming 2026 Assembly elections.
  • State’s Opposition: The Kerala government has strongly opposed the stay, arguing that granting relief to a convicted legislator solely to contest an election would “undermine the integrity of the electoral process.”

Sources

  • Press Trust of India (PTI): “Difficult to prove Antony Raju had intention to tamper with evidence: Kerala HC” (March 6, 2026)
  • Live Law: “Kerala High Court Reserves Verdict In Ex-MLA Antony Raju’s Plea Against Conviction” (March 6, 2026)
  • Bar and Bench: “Difficult to prove charges against Antony Raju in underwear case: Kerala High Court” (March 6, 2026)
  • The Hindu: “Kerala HC questions intent in 35-year-old evidence tampering case” (March 6, 2026)
  • The Week: “Difficult to prove Antony Raju wanted to tamper with evidence: Kerala High Court” (March 6, 2026)

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