KOCHI: The Kerala High Court on Thursday directed the state Crime Branch to conduct further investigation into Minister for Fisheries, Culture, and Youth Affairs Saji Cheriyan for his controversial remarks about the Constitution of India. Justice Bechu Kurian Thomas also set aside the police's final report filed before the Thiruvalla Judicial First Class Magistrate Court, which had exonerated Saji Cheriyan. The court also quashed the Magistrate Court's order accepting the final report filed by the police.
Saji Cheriyan, representing the Chengannur constituency, on July 4, publicly insulted the Constitution of India in a public speech. Following the controversial remarks, Cheriyan stepped down from the cabinet, but after six months, he returned as a Minister in the Pinarayi Vijayan Ministry.
In his speech, Saji Cheriyan said, “A beautiful Constitution has been written in the country. I would say the Constitution has been written in such a manner as to ensure that the maximum number of people are looted. What the British prepared, Indians penned down. Over the last 75 years that it has been implemented, I would say this is a Constitution that ensures the exploitation of the maximum number of people in the country.” During his controversial speech, Cheriyan also said that values like "secularism" and "democracy," the "kuntham and kodachakram" (spear and wheel), were just inscribed on its (Constitution) sides.
The court stated that the words used by the Minister cannot be considered respectful. The forensic laboratory report and the video and audio recordings of the speech are relevant in this case. Even without collecting all the materials connecting the accused, and before receiving the forensic report, it is improper for the investigating officer to conclude that no offense was made out against the Minister. The Magistrate accepted the final report without noticing that there were witnesses, such as media persons, who had viewed the public speech. These witnesses were not questioned. Furthermore, the investigating officer based the conclusion solely on statements from persons who attended a meeting conducted by a political party. The statements of these witnesses are likely to have been prejudiced due to their political affiliation.
The conclusion reached by the investigating officer was made in haste and without proper investigation. Hence, the police investigation was inadequate, and the Magistrate erred in accepting the final report.
"After considering the entire circumstances, this court is of the view that the final report ought to be set aside and further investigation should be conducted," said the court.
The petitioner, Advocate Baiju Noel, who sought further investigation, submitted that the investigating officer had made a mockery of the investigation process by filing the final report without recording the statements of witnesses in the case. He argued that it was clear the investigation was neither fair nor proper. The final report was prepared with the sole intention of protecting the Minister from the law. He, therefore, sought to have the final report set aside and a reinvestigation by the CBI into the case.
Minister should step down without delay: Satheesan
Satheesan told reporters in Thiruvananthapuram that the HC order showed that Saji had influenced the investigation while in office. “If he continues to be in office, the investigation will be a farce. In view of his anti-constitutional remarks and the present High Court order, the minister should step down without delay. If the minister refuses to do so, the chief minister should oust him from the cabinet,” he said.
The UDF will observe Constitution Protection Day on November 26 at all district headquarters, front convenor M M Hassan said.
Muraleedharan demanded that in view of the HC verdict, the CM should expel Saji from the cabinet. “An impartial crime branch investigation won’t be possible if he continues in office. Despite the evidence against the minister, police filed a report in his favour,” he alleged. BJP state president K Surendran too demanded that Saji be removed from the cabinet. Meanwhile, rejecting the demands for his resignation, the minister said the court issued the verdict without hearing him. “If the court has ordered a re-investigation, it should be conducted... However, no court has found me guilty. It’s not a final verdict,” he said, adding there are higher courts and he would move legally.
“When the issue first arose, I resigned on moral grounds. Now it’s not a moral issue. Police filed a report after a thorough investigation. Based on that, the lower court took a decision. Now the HC has issued another order on the investigation. The court didn’t mention the speech, but made an observation about the investigation,” he said.
CPM state secretary M V Govindan said the party would not seek Saji’s resignation. The situation now is different from what it was when Saji resigned, he told reporters in Kannur. “The party will discuss with legal experts and decide on further steps,” he said.