Following the Kerala High Court’s order directing the Crime Branch to investigate state minister Saji Cherian’s remarks on the Constitution, Law Minister P Rajeev on Friday stated that there is no obstacle to Cherian continuing as a minister while facing the probe.
Law Minister P Rajeev said, “High Court dismissed the plea for a CBI investigation. There is no ethical issue in Saji Cherian continuing as a minister. The High Court should have heard his side of the story as well. Supreme Court rulings already exist on such matters. Saji Cherian himself has clarified that natural justice has been denied in this case. It is essential to hear him too. There is no impediment to him facing the investigation while continuing as a minister.”
In December 2022, the Kerala Police’s final report had cleared Saji Cherian, who is currently the Cultural and Youth Affairs Minister, of allegations of insulting the Constitution of India. The controversy arose after Cherian, while addressing a CPI(M) programme in Mallappally, Pathanamthitta district, remarked that the Constitution could be used to “loot” the people of the country. The police’s final report, submitted before the Thiruvalla magistrate court, stated that there was no evidence to prove that the former minister intentionally insulted the Constitution or its architects.
The police report said, “After going through the video and other records, they could not prove that the former minister has intentionally insulted the Constitution or its architects. The reports say that they also got a legal opinion on this.” It added that Cherian’s remarks were critical of how the government machinery exploits laborers using the Constitution, but he did not insult or defame the Constitution or its creators. The police had requested the court to accept this and close the case.
On December 8, the Kerala High Court dismissed a petition seeking to disqualify Saji Cherian from holding the post of MLA following his controversial remarks on the Constitution. The petition, filed by Malappuram resident Biju P Cheruman in July 2022, argued that Cherian’s comments violated Articles 173(a) and 188 of the Constitution.
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During the CPI(M) programme in July 2022, Cherian had stated, “Indian Constitution can exploit people. British prepared it, Indians wrote it and implemented it. It’s been 75 years. India wrote a beautiful Constitution that can be used to loot. In that Constitution, there are few places that have references to secularism, democracy, but it can be exploited.” He further added, “We all say that we have a beautifully written Constitution. But, I will say, the Constitution is written in such a way that it can be used to loot the people of the country.”
