Kerala HC initiates probe into Minister’s controversial anti-Constitution remarks

The Kerala High Court has directed the state crime branch (SCB) to reopen and investigate the case against Saji Cheriyan, a CPI(M) leader and state fisheries minister, for allegedly making anti-Constitution remarks during a party meeting in July 2022. The court's decision overturns an earlier magistrate court ruling that accepted the police report exonerating Cheriyan, and it marks a setback for the minister.

Background of the case

In July 2022, during a party meeting in Mallappally, Pathanamthitta district, Cheriyan delivered a controversial speech. Speaking in Malayalam, he remarked that the Indian Constitution, while celebrated as secular and democratic, facilitated the exploitation of people. His exact words likened the Constitution to a tool for looting the masses, describing it as “prepared by the British but written by an Indian.” He used terms like “kuntham” (spear) and “kodachakram” (a type of firecracker), often used colloquially in a disrespectful manner, which further fueled the controversy.

The remarks triggered widespread outrage, forcing Cheriyan to resign from the state cabinet on July 6, 2022. However, he was reinstated later when the police, in their report to the trial court, concluded that there was no actionable offense. This report was challenged by a petitioner, who argued that such statements from a minister who had sworn an oath to uphold the Constitution demanded thorough scrutiny.

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Justice Bechu Kurian Thomas of the Kerala High Court ruled that the police investigation was insufficient and had hastily concluded there was no intent to insult the Constitution. The court emphasized that the investigating officer failed to consider the context and implications of the minister’s words, which, on their face, could demonstrate intent to disrespect the Constitution.

The court also criticized the police for filing their final report without collecting critical evidence, such as testimonies from journalists present during the speech or a Forensic Science Laboratory (FSL) analysis of the speech recordings. The magistrate court was also faulted for accepting the police report without adequately scrutinizing the evidence.

The High Court observed, “When statutory intention explicitly prohibits disrespecting the Constitution, and when certain words themselves can manifest intention, the officer’s conclusion is legally untenable.”

Response and reactions

Following the High Court’s decision, opposition leaders, including VD Satheesan, demanded Cheriyan’s immediate resignation. They accused him of influencing the initial investigation while serving as a minister. Satheesan argued that the judgment validated concerns of bias in the police probe and called for Chief Minister Pinarayi Vijayan to remove Cheriyan from his position.

Cheriyan, however, dismissed calls for his resignation, stating his right to appeal the High Court’s ruling before a division bench. “The HC has merely ordered a further probe. I am not directly involved in the case, and hence, there is no reason for me to step down,” he said.

The High Court rejected the petitioner’s plea for a Central Bureau of Investigation (CBI) inquiry, directing the state crime branch to conduct the further investigation.

The court underscored the importance of context in determining intent behind statements. It stated that intent is not always explicitly stated and can be inferred from circumstances and the words used. The court noted, “Certain words, in their natural meaning, can themselves manifest intention.”

Further, the court criticized the police for prematurely concluding the absence of intent to insult the Constitution. It held that the police's failure to collect material evidence, including statements from witnesses and a detailed forensic analysis, indicated a lack of thoroughness.

The judgment also highlighted procedural lapses by the magistrate court, which accepted the police report without adequately examining whether critical evidence, such as witness accounts from journalists, had been incorporated.

The Kerala High Court’s directive for a renewed investigation into Saji Cheriyan’s remarks underscores the judiciary’s insistence on accountability and thoroughness in cases involving public figures. While the court denied a CBI probe, its criticism of the initial investigation and subsequent order for a crime branch inquiry reflect the seriousness of the allegations. Cheriyan’s decision to stay in office despite the controversy, coupled with the opposition's demands for his resignation, has added to the political tension in Kerala.

As the state crime branch begins its probe, the case will remain under public scrutiny, with its outcome likely to have significant political and legal implications.