Kerala High Court order for Crime Branch inquiry against Minister Saji Cherian for remarks on Constitution comes as a blow to LDF govt

Controversy in 2022 had caused Saji Cherian to resign from Pinarayi Vijayan Cabinet that year. In 2023, Vijayan reinstated Cherian’s Cabinet rank after a court in Thiruvalla accepted the police report absolving him of wrongdoing 

The Kerala High Court appeared to have dealt a blow to the ruling Left Democratic Front (LDF) government on Thursday (November 21, 2024) by ordering a Crime Branch (CB) inquiry into the allegation that Minister for Culture Saji Cherian had disparaged the Constitution at a public function at Mallapally in Pathanamthitta district in 2022. 

The controversy had caused Mr. Cherian to resign from the Pinarayi Vijayan Cabinet the same year.

In 2023, Mr. Vijayan reinstated Mr. Cherian’s Cabinet rank after a court in Thiruvalla accepted the police report absolving the Communist Party of India (Marxist) leader of any wrongdoing. 

However, the High Court quashed the police report and ordered a Crime Branch enquiry.

Opposition seeks Cherian’s resignation

Leader of the Opposition V.D. Satheesan demanded that Mr. Cherian, who also holds Fisheries portfolio, resign immediately. He said Mr. Cherian had “lost the moral and legal right to hold office.”

Mr. Satheesan alleged that Mr. Cherian had echoed the Rashtriya Swayamsevak Sangh (RSS) ideologue M.S. Golwalkar’s stance that the a “borrowed” Constitution did not serve the country’s people. 

He warned the government of aggressive protests in the Assembly and outside if Mr. Cherian continued in office. 

Mr. Satheesan said the High Court had found prima facie evidence that Mr. Cherian had denigrated the country’s haloed founding document. The judiciary had vindicated the Opposition’s stance in the Assembly and outside.

Kerala Pradesh Congress Committee (KPCC) president K. Sudhakaran said Mr. Cherian’s continuation as Minister would render the High Court-ordered Crime Branch enquiry “a sham.”

Cherian rules out quitting

Mr. Cherian ruled out resigning from his post. Speaking to reporters in Thiruvananthapuram, Mr. Cherian said a single Bench of the High Court had ordered the Crime Branch enquiry without hearing his side. “I have the right to appeal before a Division Bench. I respect the High Court’s prerogative to hear or not to hear a respondent”, he said. 

Mr. Cherian said the High Court had not considered the case’s merit. It had merely ordered an inquiry. “The High Court had simply quashed the police report exonerating me of any wrongdoing. I am not a party to the case. So, there is no ground for me to quit office”, he added. 

Notably, in 2022, Kerala Governor Arif Mohammed Khan had assented to Mr. Vijayan’s decision to re-induct Mr. Cherian into the Cabinet by underscoring that the onus was on the political executive if Mr. Cherian ran into any future legal jeopardy. 

BJP seeks resignation

Former Union Minister and Bharatiya Janata Party (BJP) leader V. Muraleedharan has demanded the immediate resignation of Mr. Cherian from the LDF cabinet.

He said the High Court had rejected the “rigged” police report exonerating Mr. Cherian of belittling the Constitution and found prima facie evidence that the Minister had contravened his oath of office.

Will seek legal opinion: CPI(M)

CPI(M) State secretary M. V. Govindan ruled out the possibility of Mr. Cherian’s resignation.

He said the government would seek legal opinion and take a call later.

Published - November 21, 2024 11:57 am IST