The controversy originated in 2022 when Cherian, a CPI(M) MLA, allegedly claimed at a party event that the Constitution of India was used to exploit ordinary citizens. The remarks triggered significant backlash, leading to his resignation as Minister. However, he was reinstated in 2023, sparking further debate.
Kerala: The Kerala High Court on Thursday(21st Nov) directed a further investigation into alleged remarks made by Kerala’s State Minister for Fisheries, Culture, and Youth Affairs, Saji Cherian, which were deemed disrespectful to the Constitution of India.
Justice Bechu Kurian Thomas, who instructed the State Crime Branch to take over the probe.
“The Court has already determined that further investigation is necessary. Given that the accused holds the position of a State Minister, an investigation by the Station House Officer is inadequate. The State Police Chief is directed to immediately entrust the investigation to the State Crime Branch, led by an officer of integrity. The investigation must be completed without undue delay,” the order stated.
BRIEF FACTS
The controversy originated in 2022 when Cherian, a CPI(M) MLA, allegedly claimed at a party event that the Constitution of India was used to exploit ordinary citizens. The remarks triggered significant backlash, leading to his resignation as Minister. However, he was reinstated in 2023, sparking further debate.
The fresh order follows a petition filed by advocate M Baiju Noel, who alleged that Cherian’s remarks were intentionally derogatory towards the Constitution and amounted to an offense under Section 2 of the Prevention of Insults to National Honour Act, 1971.
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Noel’s petition also criticized the initial investigation, alleging that the officer in charge failed to conduct a fair inquiry, neglecting to record statements from key witnesses and filing a closure report without due diligence.
Consequently, Noel requested the High Court to set aside the final report submitted to the Magistrate Court and order a fresh investigation by the Central Bureau of Investigation (CBI).
Case Title: Adv. M Baiju Noel v. Additional Chief Secretary & Ors
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