Kochi: The Kerala High Court on Friday dismissed a petition filed by MLA K B Ganesh Kumar seeking the quashing of a case registered against him for an alleged conspiracy to falsely implicate former Chief Minister Oommen Chandy in a sexual assault case connected with the controversial solar scam.
Justice P V Kunhikrishnan, while dismissing the petition, said the continuation of that case was necessary not only for the 'soul of the former chief minister' and his bereaved family, but also to prove the 'integrity of the petitioner' (Kumar) too.
The case was registered against the MLA after Congress activist and advocate Sudheer Jacob moved the Kottarakara First Class Judicial Magistrate Court.
Jacob had alleged that Kumar and others had produced a 'forged letter' before athe Solar Enquiry Commission purportedly written by the prime accused in the solar cheating case, raising sexual assault charges against Chandy.
The high court noted that the magistrate had taken cognisance of the offence after going through the sworn statements of the witnesses.
"The former chief minister has passed away. Such an allegation should not be in the air because his soul will not forgive the same," Justice Kunhikrishnan said in an order.
"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," the order said.
The court also said that if such an allegation against the petitioner (Kumar) who is a Member of the Legislative Assembly is incorrect, then he can take appropriate steps for malicious prosecution against the complainant.
"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 order read.
Meanwhile, Congress leader and Leader of Opposition in the state assembly V D Satheesan today asked the Left Front not to include Kumar, a Kerala Congress (B) leader and an ally of the ruling LDF, in the state cabinet.
Satheesan, in a statement said the high court has said that Kumar should face the trial in a case connected to falsely implicating Chandy.
State Congress chief K Sudhakaran, meanwhile, welcomed the high court order and said it was a pathway to justice for Chandy who had been 'hunted' in the case.
Sudhakaran also demanded that Kumar not be made a minister in the state cabinet.
As there are restrictions to accommodate more than 21 members in the cabinet, the LDF had in 2021 decided to share the ministerial berths with four of its allies having a single MLA, on a term basis.
Kumar is expected to be inducted into the cabinet in the second phase.
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