Kerala High Court orders probe into remarks against Constitution by CPI(M) MLA Saji Cherian

The Kerala High Court on Thursday ordered further investigation into remarks made by the State Minister for Fisheries, Culture and Youth Affairs, Saji Cherian which allegedly disrespected the Constitution of India [Adv. M Baiju Noel v. Additional Chief Secretary & Ors.].

Justice Bechu Kurian Thomas today ordered the State Crime Branch to conduct a further probe in the remarks made by the CPI (M) Member of Legislative Assembly (MLA).

"This Court has already found that a further investigation is required and since the accused is a Minister of the State this Court is of the view that an investigation by the Station House Officer will not suffice. Further investigation, hence, ought to be conducted by the State Crime Branch. Accordingly further investigation is ordered. 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. The investigation shall be completed without undue delay," the Court ordered.

In 2022, Cherian had found himself in hot waters after he said that the Constitution of India was used to exploit commoners. The speech which was delivered at a party event had sparked such a controversy that the MLA soon resigned from his post as the State Minister for Fisheries, Culture and Youth Affairs.

In December, 2022, the Kerala High Court dismissed a plea that sought his disqualification as an MLA.

In 2023, he was reinstated to the post amidst some furore.

The judgment pronounced today was passed on a new 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, 197l.

After the incident, Noel filed a complaint before the Police and later before a Magistrate Court. The latter complaint led to the registration of an FIR against Cherian.

However, Noel claimed in his petition that the investigating officer had all but abdicated his constitutional obligation to conduct a fair and proper investigation.

"The Investigation officer has made the process of investigation into a mockery and made himself a comical figure in the eyes of the patriotic Indians and filed refer charge even without recording the statement of those named witnesses in the Report, the act of which is highly illegal and unbecoming to a police officer", the petition stated.

Therefore, he sought orders from the High Court to set aside the final report filed by the investigating officer before the Magistrate Court. He also sought an order for a fresh investigation by the Central Bureau of Investigation.