Kochi: The Kerala High Court on Friday refused to quash the criminal proceedings against MLA K.B. Ganesh Kumar for allegedly conspiring to "falsely implicate" the former Chief Minister Oommen Chandy in the Solar scam-linked sexual assault case.
Justice P.V. Kunhikrishnan stated that the allegations against Kumar were serious and that the continuation of the case would be in the best interest of not only the former CM's reputation but also to clear the MLA's name if he is found innocent in due course.
"The former Chief Minister has passed away. Such an allegation should not be in the air because his soul will not forgive the same. The continuation of this case is necessary not only for the soul of the former Chief Minister and his bereaved family but also to prove the integrity of the petitioner too. Let the soul of our former Chief Minister rest in peace,” said the court.
“On the other hand, if such an allegation against the petitioner who is a Member of the Legislative Assembly is incorrect, the petitioner can take appropriate steps for malicious prosecution against the complainant,” it added.
"Therefore, I am of the opinion that this case is to be proceeded and should arrive at a logical conclusion for the interest of the soul of the former Chief Minister and if the allegations are wrong, it will prove the integrity of the petitioner, who is a Member of the Legislative Assembly, a known politician," the court order read.
The order was passed on a petition moved by the actor-turned-politician to quash the proceedings pending against him before the Judicial First Class Magistrate Court -I at Kottarakkara.
He is the second accused for allegedly committing offences in a criminal conspiracy case filed by Congress leader Sudheer Jacob. According to the case, the first accused had made wild and baseless allegations against the then Chief Minister Chandy as well as other ministers and MLAs before the Commission of Inquiry probing the solar scam (2014).
The first accused is also alleged to have produced a letter before the commission in which she claimed that several persons who are high dignitaries, sexually harassed her and took money from her. The complainant alleged that the letter produced before the commission was fabricated at the instance of Kumar, as part of a criminal conspiracy hatched between him and the first accused, against Chandy and other political leaders.
After the complaint was filed, the sworn statements of eight witnesses were recorded on the side of the complainant. Based on it, the local court at Kottarakkara found that there was "prima facie" evidence against the two accused and issued summons to them.
Following this, Kumar approached the High Court challenging these proceedings, but after hearing all, the Court refused to quash the case and it made it clear that Kumar would be free to move a discharge petition before the magistrate at the stage of framing charge.
With inputs from IANS