In a big setback to the NCP, the Kerala High Court on Tuesday refused to grant early discharge to its former Transport Minister AK Saseendran from the case pertaining to his alleged act of offending the modesty of a young woman with lust-laden telephonic talk. The court said it would pass an order on the same woman’s plea for permission to withdraw her complaint against him only after examining all aspects related to the issue.
The court’s decision would effectively delay the re-induction of Saseendran into the CPI(M)-led LDF Cabinet from which he had resigned on March 26 last after a newly launched TV channel aired an audio-clip in which he was heard making lewd and obscene remarks to the woman. The channel had later admitted that Saseendran was actually trapped in a honey-trap sting operation carried out by its ‘investigation team’ against him.
The court’s decision is also a big blow to the NCP which has already asked the LDF to re-induct Saseendran into the Cabinet after a judicial commission which looked into the scandal effectively exonerated him saying that there was no evidence to establish that the voice found on the controversial audio-clip was of the ex Minister.
While considering the petition submitted by the woman seeking permission to withdraw the complaint she had lodged with a Thiruvananthapuram court in the form of a confidential statement recorded as per Section 164 of the CrPC, the court said, a decision could be taken only after examining all the aspects related to the issue.
The High Court directed the State Government to submit to it the terms of reference of the Judge PS Antony Commission that looked into the controversy. It said it would examine whether the petitioner’s statement had been recorded by the commission as per its terms of reference. The court posted the case to December 12 for further hearing.
According to the woman, she had complained against the former minister due to some misunderstanding and she wanted the case to be withdrawn as a settlement had been reached outside the court. She had approached the High Court after the Chief Judicial Magistrate Court in Thiruvananthapuram turned down her request.
Three persons including State Mahila Morcha president Renu Suresh had approached the court with the request that withdrawal of the case against Saseendran should not be allowed. They argued that cases concerning women’s safety could not be taken lightly and permitting withdrawal of such complaints would amount to insulting the legal and judicial systems.
The court’s decision has effectively caused a huge problem for the NCP which is eager to get Saseendran back into the Cabinet as Transport Minister in the context of the resignation of Thomas Chandy, the party’s only other MLA in Kerala, from the Cabinet on November 15 over charges of land and lake encroachment and misuse of public funds.
TP Peethambaran, State president of the NCP, said the party was concerned about the delay in the case. But Saseendran tried to put up a calm face by saying, “The court has its systems and there is no need to be anxious about it. My return to the Cabinet is a matter to be decided by my party and the LDF.” The NCP presently does not have a minister anywhere in the country.