The Kerala High Court on Thursday ordered further investigation into the remarks made by the State Minister for Fisheries, Culture and Youth Affairs, Saji Cherian which allegedly disrespected the Constitution.

A single bench of Justice Bechu Kurian Thomas directed the state Crime Branch to conduct further investigation into the remarks of state Minister for Fisheries, Culture, and Youth Affairs Saji Cherian which allegedly disparaged the Indian Constitution during a 2022 speech at Mallappally in Pathanamthitta district

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“This Court has already found that a further investigation is required, and since the accused is a Minister of the State, the investigation by the Station House Officer will not suffice and a superior agency is required. The further investigation hence ought to be conducted by the State Crime Branch.

“Accordingly, further investigation is ordered into Crime No.600/2022, which shall be conducted by the State Crime Branch. The State Police Chief shall immediately pass orders handing over the investigation to the State Crime Branch with an officer of integrity to lead the investigation. Needless to mention, the investigation shall be completed without undue delay,” the court said in its order.

The High Court quashed the earlier police report and directed a fresh investigation, citing prima facie evidence of Saji Cherian’s offensive remarks against the Constitution .The conclusion reached by the investigating officer was made in haste and without proper investigation. Hence, the police investigation was inadequate, and the Magistrate erred in accepting the final report, the court said.

The court said that the words used by the Minister cannot be considered respectful. The forensic laboratory report and the video and audio recordings of the speech are relevant in this case. Even without collecting all the materials connecting the accused, and before receiving the forensic report, it is improper for the investigating officer to conclude that no offense was made out against the Minister.

The Magistrate accepted the final report without noticing that there were witnesses, such as media persons, who had viewed the public speech. These witnesses were not questioned. Furthermore, the investigating officer based the conclusion solely on statements from persons who attended a meeting conducted by a political party. The statements of these witnesses are likely to have been prejudiced due to their political affiliation.

In 2022, a video surfaced showing Cherian saying that the Constitution’s “aim is to exploit the common man”. He had allegedly described the Constitution as “crafted by the British” and “anti-working class”.

In his speech, Saji Cheriyan said, “A beautiful Constitution has been written in the country. I would say the Constitution has been written in such a manner as to ensure that the maximum number of people are looted. What the British prepared, Indians penned down.

“Over the last 75 years that it has been implemented, I would say this is a Constitution that ensures the exploitation of the maximum number of people in the country.” During his controversial speech, Cheriyan also said that values like “secularism” and “democracy,” the “kuntham and kodachakram” (spear and wheel), were just inscribed on its (Constitution) sides.

The controversy prompted his resignation from Chief Minister Pinarayi Vijayan’s Cabinet. However, Cherian was reinstated in 2023 after a Thiruvalla court accepted a police report clearing him of any wrongdoing.

The High Court’s order on Tuesday came in a petition moved by a lawyer practicing before the High Court, advocate M Baiju Noel.In his petition, Noel contended that Cherian made highly derogatory and insulting remarks against the Constitution of India with a deliberate intention to ridicule and insult the Constitution in public view. He argued that such an act is punishable under Section 2 of the Prevention of Insults to National Honour Act, 1971 (the Act).

Following the High Court order, Opposition leader V.D. Satheeshan demanded the resignation of Saji Cherian from the Pinarayi Vijayan cabinet. He said Saji Cherian should resign immediately and face the probe. Satheeshan claimed that Saji Cherian’s words were from RSS ideologue MS Golwalkar’s ‘Vichardhara’. However, Saji Cherian said he would not resign. . He said the High Court arrived at this judgment without hearing his arguments.

“Since the issue involved me, and in the interest of fairness, the court should have heard my side. The High Court did not hear my part, will proceed legally; will not resign from cabinet,”Saji Cherian told media persons here.