Kerala High Court orders Crime Branch probe into Minister Saji Cherian’s remarks on Constitution

High Court quashes order of Magistrate court which had closed the case on the grounds that a probe beyond that had been done by police was not needed

The High Court of Kerala has directed the State government to order a Crime Branch probe into the incident in which Minister for Culture Saji Cherian is alleged to have made public statements that insulted the Constitution in 2022 at a CPI(M) area committee meeting at Mallapally in Pathanamthitta district.

The court quashed the order issued by a Magistrate court which had closed the case on the grounds that a probe beyond that had been done by the police was not needed. It further took note of how the case was closed even without waiting for the outcome of the forensic examination of the visuals. Neither were the statements of journalists who were present at the site sought. In this situation, it was improper that the Magistrate court closed the case, although there were references in Mr. Cherian’s speech that insulted the Constitution, the court noted.

It has to be ascertained whether the speech, where out of context words were used, led to the Constitution being degraded before those who heard the speech. A conclusive and fast probe must be done in the case, it said.

It further said that the findings of the investigation officer that Mr. Cherian did not seem to have any intention to insult the Constitution, were contrary to facts. In this situation, it is not enough that a station house officer probe the case against a person in the position of Minister, the court said, dismissing the Kerala government’s plea that the petition that challenged the closure of the case did not stand the test of law. In this situation, the DGP must order a Crime Branch probe in the case, the court added.

The petitioner, advocate Baiju Noel, had sought further probe in the case, citing how the final report was filed without recording the statements of witnesses.

Mr. Cherian, who stepped down as minister following the controversy over the speech, was later reinstated into the State Cabinet.

Published - November 21, 2024 12:09 pm IST