Saji Cherian’s ‘derogatory’ remarks on Constitution: Kerala HC orders crime branch probe

Opposition in Kerala has yet again intensified its demand that Saji Cherian resign, claiming that it is crucial to ensure a fair and impartial investigation.

Published Nov 21, 2024 | 2:22 PMUpdated Nov 21, 2024 | 2:22 PM

Crime branch to probe into Saji Cherian's remarks on Constitution

Kerala High Court has ordered a crime branch investigation into allegations of derogatory comments against the Indian Constitution by state Minister for Fisheries, Culture, and Youth Affairs, Saji Cherian.

The High Court issued the directive on Thursday, 21 November, while reviewing a petition seeking re-investigation by the Central Bureau of Investigation (CBI). It was filed over his alleged remark that the Indian Constitution was being used to loot common men.

The petition in Kerala HC was filed a lawyer who contended that the police – which investigated his remarks two years ago – had prematurely filed a closure report without conducting a thorough and impartial investigation.

Reacting to the court’s ruling, Minister Saji Cheriyan said that he would cooperate with the directive but insisted that it does not warrant his resignation or raise ethical concerns.

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Resignation over derogatory remarks

After his remarks in July 2022, he had resigned as minister amid protests by Opposition parties. However, six months later, in January 2023, he was sworn in as a minister once again in an event boycotted by the opposition.

The CPI(M) state secretariat approved his re-induction after the Kerala High Court dismissed two petitions seeking his disqualification as a legislator for allegedly insulting the Constitution of India in his speech.

Referring to his re-induction after the High Court’s ruling two years ago while speaking to media, Saji Cherian affirmed his commitment to addressing the issue legally on Thursday, 21 November.

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Indian Constitution used to loot people

Allegations of derogatory remarks against the minister pertain to a speech by Saji Cherian at an event organised by CPI(M) in Pathanamthitta district on 3 July 2022.

During the speech at Mallapally village, the Kerala minister allegedly said that the Constitution of India endorses exploitation and looting of the common man. “The Constitution has been written in a way that ensures that the common man is looted. What the British prepared, Indians penned down,” he had said.

Soon after the comments started making rounds on the internet, the Opposition in Kerala, Congress and the BJP took to the streets demanding his resignation.

Soon after meeting with the state secretariat in Thiruvananthapuram over said remarks, the MLA from Chengannur Constituency had initially refused to resign from the ministerial position. However, amid an outcry and protests led by the Opposition, he ended up resigning the next day.

Submitting his resignation letter to Kerala CM Pinarayi Vijayan, he had remarked that the resignation was over CPI(M)’s image being damaged due to the “the campaign” against him.

Before ordering a crime branch investigation, the court had instructed the police to submit the case diary from the initial investigation to evaluate its merits before deciding on further proceedings.

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Opposition intensifies demand for Saji Cherian’s resignation

Following the High Court directive, the Opposition in Kerala has intensified its demand for the resignation of Minister Saji Cherian, accusing him of influencing the police investigation into his controversial remarks on the Constitution.

Leader of the Opposition VD Satheesan said on Thursday, 21 November, that the CPI(M) leader’s immediate ouster is a necessity to ensure a fair and impartial investigation.

“The court has categorically stated that the report prepared while Saji Cherian was in office is unacceptable. This highlights his undue influence on the investigation as a sitting minister,” he charged. He further stated that retaining him in the cabinet would render the investigation a farce.

Pointing to the gravity of the situation, the LoP emphasised that the CM erred by reinstating Saji Cherian six months after the minister resigned. “The court’s verdict underscores that his re-induction was a grave mistake. The Chief Minister must rectify this by removing him from the cabinet immediately if Saji Cherian refuses to step down,” Satheesan asserted.

(Edited by Neena with inputs from Sreelakshmi S)

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