KOCHI: Lawyer Saiby Jose Kidangoor did not just take money from clients on the pretext of bribing judges. In what could cause a trust deficit in Kerala’s judiciary, he also allegedly misled the Kerala High Court to get a favourable ruling in a sexual assault case in which he represented actor Unni Mukundan, the accused.
As per documents in TNIE’s possession, the lawyer allegedly submitted a fake affidavit by the victim in court, claiming that the matter had been settled.
Surprisingly, the judge who considered the case issued an interim stay order on May 7, 2021, without even hearing the victim.
The case details came to light when the victim approached the court on Thursday opposing the plea that Mukundan had filed for quashing the case registered under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the IPC.
Maintaining that no settlement had been reached, the victim said she was clueless about how Mukundan obtained a stay in the case pending before a magistrate court. During the perusal of the documents, the court found that Saiby, without the victim’s knowledge, had allegedly filed an affidavit claiming that both parties had settled the case.
Stay extended six times in two years
The affidavit, which Saiby claimed was the victim’s sworn statement, read: “I have no objection in quashing further proceedings pending before the JFCM court, Ernakulam, and the incident at this juncture is not constituting any offence of 354 and 354 (B) of IPC. Continuation of the proceedings would result in undesirable and unwanted consequences and damage to me and the petitioner (Mukundan). The disputes are purely personal and no public interest is involved.”
The affidavit was apparently signed by the victim from Vienna, Austria. However, in the affidavit she filed on December 22, 2021 – by then the interim order was extended a total of six times by Justice Gopinath P, Justice M R Anitha and Justice Kauser Edappagath – the victim said no discussions on a settlement had taken place between Mukundan and her.
“The petitioner made a false submission before the High Court and managed to get an interim order of stay,” she said.
She also alleged that Mukundan, who lacks any material to prove his innocence, was trying to evade the law and pressure her into withdrawing from the case by using delay tactics.
The petition has been pending in court for two years, and this was adversely affecting her career and future, said the victim, who also sought to vacate the interim order.
TNIE had on January 24 reported the details of the HC vigilance wing report that said Saiby collected money from clients on the pretext of bribing judges. The police registered an FIR against him on February 1. Advocate Saiby Jose Kidangoor on Thursday said that he didn’t commit any fraud or foul play before the High Court. “The affidavit of the victim was an e-mail sent by her which I produced as such before the court. There is no fabrication of documents,” Saiby told TNIE.
Saiby added that the victim had sent an e-mail in this regard. Later she sent a voice note. “I will file all the documents including the details of the e-mail at the next hearing of the case.” He said baseless allegations are being levelled against him and he will prove his innocence. There is a deliberate attempt by a section of lawyers who harboured enmity toward me during the Bar Association election.