Kerala HC Orders Further Probe Against Fisheries Minister Saji Cherian Over Constitution Remarks

Keywords: Saji Cherian, Kerala High Court, Constitution Insult, Crime Branch Investigation

In a significant development, the Kerala High Court on Thursday directed a further investigation into allegations against State Fisheries Minister Saji Cherian for purportedly “insulting” the Constitution of India during a speech in July 2022.

The Court set aside both the police’s final report that exonerated Cherian and the lower court’s acceptance of the same, citing shortcomings and undue haste in the initial investigation.

Background of the Case

Saji Cherian, a prominent political leader in Kerala, sparked a major controversy with a speech in July 2022 that was criticized for allegedly denigrating the Indian Constitution. The incident led to:

• Widespread public and political backlash, with opposition parties demanding his resignation or dismissal.
• Cherian stepping down from his cabinet position on July 6, 2022, amidst the political uproar.
• His eventual reinstatement in the Kerala cabinet after the police absolved him of wrongdoing in their initial probe.

The speech became the subject of legal scrutiny, and a petitioner sought a further probe, alleging lapses in the original investigation.

High Court Observations

The Kerala High Court delivered a scathing critique of the initial investigation, stating:

1. Rushed Investigation: The inquiry appeared to have been completed in undue haste, raising questions about its thoroughness.
2. Shortcomings in Probe: There were significant gaps in the collection of evidence and analysis, undermining the credibility of the findings.
3. Crime Branch Direction: The Court directed the Crime Branch wing of the police to carry out a comprehensive reinvestigation into the allegations.

Political Implications

The High Court’s directive has reignited the controversy surrounding Cherian’s remarks and his political standing. Opposition parties are likely to leverage this development to demand accountability and question the state government’s decision to reinstate Cherian in the cabinet.

The case also highlights the role of judicial oversight in ensuring transparency and fairness in politically sensitive investigations.

Next Steps

The Crime Branch will now lead the investigation, ensuring a detailed examination of all aspects of the case. The findings could have far-reaching consequences for both Saji Cherian and the ruling government in Kerala.

This case underscores the judiciary’s pivotal role in safeguarding constitutional values and addressing lapses in politically charged cases.

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