Anti-Constitution remark: Kerala HC orders Crime Branch probe against Saji Cherian

Kochi: The Kerala High Court on Thursday directed a Crime Branch investigation into allegations that Saji Cherian, Minister for Fisheries, Culture, and Youth Affairs, made derogatory remarks against the Indian Constitution.

Saji Cherian who was forced to step down following the controversy, had returned as minister to the Pinarayi Vijayan cabinet in January 2023. The police had submitted a report in the Thiruvalla Judicial First Class Magistrate Court exonerating Saji Cheriyan.

Following the single bench verdict, Saji Cherian said that the court's order concerned the police report, not the speech's contents. "There is no moral issue here. The court has not convicted me. The court has not even taken my statement," he said amid demands for his resignation.

Last month, the Kerala High Court asked the police to produce the case diary related to the initial investigation while considering a plea seeking a reinvestigation by the Central Bureau of Investigation (CBI). The petitioner, a lawyer, alleged that the minister's statements violated Section 2 of the Prevention of Insults to National Honour Act, 1971. The plea claimed that the police had filed a closure report without conducting a fair and proper investigation.

According to the petitioner, the minister, during a public event organised by the Communist Party of India (Marxist) on July 3, 2022 in Malappally, made highly disparaging remarks about the Indian Constitution. In his speech, Cherian allegedly stated:

“We all say that we have a beautifully written Constitution in India. But I would say it is a beautiful Constitution designed to exploit the most number of people,” he remarked. He further stated that values like 'secularism' and 'democracy'- the 'kuntham' (spear) and 'kodachakram' (wheel) — are merely inscribed on the Constitution’s sides.

He added, “I won’t agree with anyone who preaches otherwise in this country.” Criticising the system further, he said, “Ours is a country that does not accept workers’ protests. The Indian Constitution condones labour exploitation more than anything else,” claiming this was the reason certain “millionaires” in the corporate sector have prospered in the country.

The plea noted that a complaint was filed with the police on July 5, 2022, followed by an FIR registered at Keezhvaipur Police Station on July 7. However, the petitioner alleged that the investigation was neither thorough nor impartial. It was claimed that the investigating officer filed a closure report citing insufficient evidence instead of filing a charge sheet.

The petitioner contended that the minister’s statements amounted to a grave offence, undermining the national honor and pride. He argued that the investigation should be handed over to the CBI due to the alleged lapses by the local police.