The Kerala High Court on Monday declined to extend the stay on the proceedings in a case against K.B. Ganesh Kumar, MLA, pending before the Kottarakara First Class Judicial Magistrate (JFCM) Court in connection with a case relating to the alleged conspiracy to name th late Congress leader and former Chief Minister Oommen Chandy in the solar sexual assault case.
Justice P.V. Kunhikrishnan, however, ordered that Mr. Ganesh Kumar’s appearance need not be insisted by the magistrate court for 10 days. The court passed the order on a petition filed by Mr. Ganesh Kumar seeking to quash all the proceedings against him before the JFCM court.
When the petition came up for hearing, counsel for the MLA submitted that that no forgery had taken place. It was the victim who had prepared the letter, signed and submitted before the commission. Therefore, the allegation against Mr. Kumar was not correct
The case was registered against the MLA on a private complaint filed by Congress activist Sudheer Jacob before the magistrate court. His alleged that Mr. Ganesh Kumar and others had produced a forged letter before the solar inquiry commission purportedly written on July 19, 2013 levelling sexual assault charges against the former Chief Minister. He pointed out that the letter produced before the commission was a fabricated one. The letter had been fabricated as part of a criminal conspiracy hatched by them against the then Chief Minister, other Ministers and political leaders, it was alleged.
Mr. Ganesh Kumar said in his petition that the proceedings against him were an abuse of the process of the court. The solar commission had not found that the letter was a forged one and the magistrate could not decide whether the letter was genuine or not as per the law. The proceedings before the magistrate were tantamount to appealing against the report submitted by the solar inquiry commission, which is not permitted as per the law. Besides, the complaint did not make out any offences against him, he said.
