The Kerala High Court has extended till October 16 its stay on the further proceedings in a case registered against K.B. Ganesh Kumar MLA pending before the Kottarakkara First Class Judicial Magistrate Court in connection with the the alleged conspiracy to name late Congress leader Oommen Chandy in the Solar scam-related sexual assault case.
When a petition by the MLA seeking to quash the case came up for hearing recently, Justice P.V. Kunhikrishnan observed that the allegations against the MLA were serious.
The judge said that he was not inclined to extend the stay but since the counsel for the petitioner sought time to engage a senior counsel in the case, he was extending the interim order till October 16.
Counsel for the MLA earlier submitted that he had already engaged a senior counsel to argue the case and sought extension of the interim order. The case against the MLA was registered on a complaint by Sudheer Jacob, former Kollam district government pleader.
In his petition, Mr. Ganesh submitted that the case against him was an abuse of the process of the court. The solar scam inquiry commission had not found that the letter levelling sexual assault allegations written by one of the accused in the case was a forged one.
Therefore, the magistrate could not decide whether the letter was genuine or not as per the law. In fact, the proceedings before the magistrate court were tantamount to an appeal against the report submitted by the inquiry commission which was not permitted as per law.
In his complaint, Mr. Jacob alleged that the letter produced before the commission was a fabricated one and it was a result of a criminal conspiracy hatched by the MLA and another accused against the then Chief Minister and political leaders.
