Kerala HC orders further probe into Minister Cherian's alleged remarks on Constitution

In a blow to state Fisheries Minister Saji Cherian, the Kerala High Court on Thursday ordered further probe into the allegation that he "insulted" the Constitution in a speech at an event in July 2022.
Kerala Minister Saji Cheriyan
Kerala Minister Saji Cheriyan
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Kochi |In a blow to state Fisheries Minister Saji Cherian, the Kerala High Court on Thursday ordered further probe into the allegation that he "insulted" the Constitution in a speech at an event in July 2022.

The High Court also set aside the final report of the police giving the minister a clean chit and the magisterial court's order accepting the same.

It said that there were shortcomings in the initial investigation and directed that a further probe be carried out by the Crime Branch wing of the police.

The High Court also noted that the initial investigation was completed in haste.

Kerala HC
Kerala HC

The HC order came on a plea seeking further probe in the case by the CBI.

Following the verdict, the minister said that since the issue involved him, the High Court, as part of natural justice, ought to have heard him also.

"Since the HC did not hear my side, I will take further steps after going through its order," he said.

Cherian also claimed that the HC only commented about the probe carried out by the police and not on the alleged remarks by him.

"It has ordered a further probe. Let it happen. There is nothing to be concerned about," he added.

The minister also said that there was no question of morality or ethics here which should lead to his resignation, as the matter was investigated by the police, a final report was given and the magisterial court had accepted the same.

"Now the High Court has set it aside. There is a court above it. We have a provision of appeal," he said.

On the other hand, the Congress-led UDF opposition demanded Cherian's resignation from his ministerial post in view of the HC verdict.

Leader of Opposition in the state assembly V D Satheesan said that Cherian influenced the probe in the case by using his post as minister and therefore, he should either resign or Chief Minister Pinarayi Vijayan should remove him from the position.

"He (Cherian) should never have been reinstated in the cabinet. It was a wrong decision by the CM. The HC verdict indicates that the decision to reinstate him was wrong," he contended.

The HC has said that the probe should be carried out by an unbiased officer, he claimed.

"But how can an honest and unbiased probe be carried out if he is still the minister? The situation is worse than what it was back then," Satheesan said.

Cherian's speech had created a political storm in the state with the opposition demanding that he resign or be sacked, which finally resulted in his resignation from his cabinet posts on July 6, 2022.

He was later reinstated in the cabinet.

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