The Kerala High Court on Tuesday stayed for 10 days all legal proceedings against former Minister Jose Thettayil, an lDF MlA of the Janata Dal(S), in the case pertaining to the allegation of sexual abuse leveled against him by a 30-year-old woman. Thettayil had been in hiding ever since the woman lodged a complaint on sexual abuse with the police on June 23.
Observing that there were discrepancies in the petition of the woman, Justice P Bhavadasan of the High Court ordered issuance of notice to her as per which she must appear before the court on Thursday for providing explanation. The court’s interim order came on a petition filed by Thettayil seeking quashing of the FIR registered against him.
While taking up Thettayil’s petition last week, the court had pointed out that the rape charge leveled against the MlA might not be maintainable as the sexual relationship was based on mutual consent. Director General of Prosecutions T Asif Ali requested the court not to cancel the FIR and give ample time for the police to proceed through their normal actions.
However, the court orally asked the DGP as to how action could be taken on the FIR when the main charge of rape was not maintainable prima facie. The court then announced the ten-day stay on the proceedings against Thettayil. It also said further explanations were needed from the woman for clarity and ordered issuance of notice to her.
Amidst arguments on Thettayil’s petition, the DGP said that there was no intention to arrest Thettayil in a hurry. But the counsel for Thettayil retorted saying that the MlA did not need any concession from the Prosecution and requested the court not to permit continuance of the proceedings. The court would now take up Thettayil’s plea on July 19.
The woman, however, said that she held fast to the allegation of sex abuse she had leveled against Thettayil. “I had given the court all the relevant evidences including video recordings and recordings of telephonic conversations relating to his sexual assault on me. “I don’t know how the court had come to this conclusion,” she said.
The 30-year-old woman, an MCA hailing from Manjapra village in the Angamaly constituency represented by Thettayil in the Assembly, had complained to the police that Thettayil, now 63, and his son Adarsh (26) had been sexually abusing her for the past two years. She had also submitted webcam-grabbed recordings of the sexual act between her and the MlA.
According to her, Thettayil had abused her sexually promising that his son would marry her while Adarsh abused her feigning love. She said that she had decided to record the relationship with Thettayil after he withdrew the offer of marriage with his son and threatened to kill her if she told anyone about the relationship.