The Kerala High Court has directed the state Crime Branch to conduct a fresh investigation into Minister Saji Cheriyan over his controversial remarks on the Indian Constitution. Justice Bechu Kurian Thomas set aside the final police report, which had cleared Cheriyan, and quashed the Thiruvalla Magistrate Court's order accepting the report.
The controversy stems from a speech Cheriyan delivered on July 4, in which he criticized the Constitution, claiming it was designed to facilitate exploitation.He also dismissed values like secularism and democracy as mere inscriptions. The comments led to his resignation from the Kerala cabinet, although he returned six months later.
The court criticized the initial investigation as inadequate and biased. It noted that key evidence, including forensic reports and video recordings of the speech, had not been thoroughly examined. Witnesses such as media personnel who attended the event were not questioned, and the investigation relied heavily on politically affiliated witnesses, raising concerns about impartiality.
The petitioner, Advocate Baiju Noel, argued that the probe was a deliberate attempt to shield the Minister from legal consequences. He claimed the final report was hastily prepared, disregarding critical evidence and witnesses. The High Court concurred, stating that the investigation failed to meet proper standards and was conducted in haste.
“This court is of the view that the final report ought to be set aside and further investigation should be conducted,” the bench ruled. It emphasized that a fair and unbiased inquiry is essential, particularly when dealing with public figures and sensitive issues.
The decision revives scrutiny on Cheriyan’s remarks, which many view as disrespectful and unbecoming of a public official. The case is now expected to undergo a comprehensive reinvestigation to address the gaps highlighted by the court.
