Kerala HC Orders Further Probe into Minister's Anti-Constitution Remarks

The Kerala High Court has ordered a further probe by the state crime branch into Saji Cheriyan’s controversial anti-Constitution remarks. The ruling overturned a previous police report clearing the minister, and while the court rejected a CBI investigation, it criticized the initial investigation’s handling of the case.

The Kerala High Court has directed the state crime branch to reinvestigate a controversial case involving Fisheries Minister Saji Cheriyan, who allegedly made anti-Constitution remarks during a party meeting in July 2022. The court’s ruling overturned a previous decision by the Thiruvalla judicial first-class magistrate court, which had accepted the police’s final report that cleared Cheriyan of wrongdoing.

The case was triggered by Cheriyan's speech at a CPI(M) meeting in Mallappally, where he reportedly criticized India’s Constitution, calling it a tool for exploitation. His remarks, including references to “kuntham” (spear) and “kodachakram” (a type of firecracker), were perceived as disrespectful to the Constitution. The statement sparked widespread controversy and calls for action.

Opposition leaders, including VD Satheesan, demanded Cheriyan’s resignation, citing the police report’s alleged bias in favor of the minister. However, Cheriyan denied any wrongdoing, maintaining that the police’s conclusion was premature and influenced by political pressures. He also rejected calls for his resignation, stating that he had the right to appeal the court’s verdict.

The High Court criticized the investigation process, pointing out that the police had reached conclusions without thorough evidence and had failed to consider crucial witness testimony. It emphasized that words can reveal the intention behind a statement and that disrespecting the Constitution is a serious offense.

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While the court declined to hand the investigation over to the CBI, it ordered a renewed probe by the state crime branch to establish the full context of Cheriyan’s remarks.