Kerala HC Directs Crime Branch Probe into Minister Saji Cherian's Alleged Remarks Against Constitution

Kerala HC Directs Crime Branch Probe into Minister Saji Cherian's Alleged Remarks Against Constitution

The Kerala High Court has directed the Crime Branch to investigate allegations of insulting remarks made by the State's Minister for Fisheries, Culture, and Youth Affairs, Saji Cherian, against the Constitution. 

The order was issued by Justice Bechu Kurian Thomas while hearing a petition filed by a lawyer challenging the police's decision to close the investigation against the Minister.

In July 2022, Saji Cherian reportedly remarked in a speech that the Constitution is used to exploit common people. The plea contends that such remarks constitute an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971. 

The petition further alleges that the police submitted a closure report without conducting a proper and fair investigation. The report cited a lack of evidence as the reason for dropping the charges against the minister.

The Court observed that the police closed the investigation without obtaining the forensic report of the pen drives containing the alleged speech. Highlighting that the accused is a sitting Minister, the Court stated that an investigation led by a Station House Officer would be insufficient. Consequently, it directed the State Crime Branch to undertake a further investigation into the matter.

Case Number: WP (Crl) 1042/2024

Case Title: Adv. M Baiju Noel v State of Kerala

 

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