In a historic and unprecedented legal development for Kerala, Antony Raju, a sitting MLA and former Transport Minister, has been sentenced to three years of imprisonment. This verdict, delivered by the Judicial First Class Magistrate Court in Nedumangad on January 3, 2026, marks the first time in the state’s history that a sitting legislator faces disqualification due to a conviction in an evidence-tampering case.
The Verdict and Sentencing
The court found Antony Raju (the second accused) and Jose Sebastian, a former court clerk (the first accused), guilty of several serious charges under the Indian Penal Code (IPC), including:
- Section 120B: Criminal Conspiracy
- Section 201: Causing disappearance of evidence
- Section 193: Fabricating false evidence
- Section 409: Criminal breach of trust by a public servant
- Section 465 & 468: Forgery for the purpose of cheating
The court sentenced both individuals to three years of rigorous imprisonment. Under the Representation of the People Act, any legislator sentenced to two years or more is automatically disqualified from holding their seat and is barred from contesting elections for six years after completing their prison term.
The 36-Year-Old “Underwear Case”
The origins of this case date back to April 1990, long before Raju entered active politics. - The Arrest: An Australian national, Andrew Salvatore Cervelli, was arrested at Thiruvananthapuram airport for smuggling 61.5 grams of hashish hidden in his underwear.
- The Forgery: Antony Raju, then a junior lawyer representing Cervelli, allegedly conspired with a court clerk to retrieve the underwear from the court’s evidence locker. They supposedly altered (resized) the garment to make it smaller.
- The Acquittal: During the High Court appeal, the defense argued the underwear was too small for Cervelli. Following a “practical test” where the garment didn’t fit, the High Court acquitted him in 1991.
- The Exposure: The plot was exposed years later when Cervelli, arrested for another crime in Australia, confessed to an inmate that he escaped conviction in India by tampering with evidence.
Political and Legal Ramifications
The verdict comes after the Supreme Court of India, in November 2024, overturned a previous Kerala High Court stay and ordered the trial to be completed within one year. - MLA Status: With a three-year sentence, Antony Raju’s membership in the Thiruvananthapuram constituency is set to be revoked, leading to a potential by-election.
- Election Ban: The conviction effectively bars him from contesting the upcoming 2026 Kerala Assembly Elections.
- Appeal: Antony Raju has stated he maintains his innocence and intends to challenge the verdict in a higher court.
“This is a significant blow to the ruling Left Democratic Front (LDF), as Raju is a key leader of the Janathipathya Kerala Congress, a prominent ally in the coalition.”
