Kerala HC terms plea seeking CBI probe on Saji Cherian's "anti-constitutional speech" as "immature"
Jan 18, 2023
Kochi (Kerala) [India], January 18 : Kerala High Court observed that the petition seeking a CBI probe into Kerala Minister Saji Cherian's alleged anti-constitutional speech is 'immature' at this stage.
The High Court directed the petitioner to approach the Magistrate Court against the police referral report, if necessary. The case was adjourned for next week
Advocate Biju Noyal, who approached the High Court against the police report on Saji Cherian's speech contended that "the police investigation was conducted to save the accused. The case should be closed and the report filed by the police should be cancelled and the investigation should be handed over to the CBI or the Karnataka Police. The statements of the witnesses were not accurately recorded."
On December 8, the High Court dismissed a petition seeking to declare that Saji Cherian is not entitled to hold the office of the post of MLA after his alleged remarks on the Constitution of India.
Cherian courted controversy while addressing a CPI (M) programme at Mallappally in the Pathanamthitta district, where he said that India's Constitution could be used to "loot" the people of the country.
"Indian constitution can exploit people. British prepared it, Indians wrote it and implemented it. It's been 75 years. India wrote a beautiful constitution that can be used to loot. In that constitution, there are few places that have references to secularism, democracy but it can be exploited," he said.
"We all say that we have a beautifully written Constitution. But, I will say, the Constitution is written in such a way that it can be used to loot the people of the country," said Cherian, while addressing a CPI-M programme at Mallapally in Pathanamthitta district in July this year.
After the speech sparked controversy, Saji Cherian resigned from the post of Minister. But later he was again sworn in as the Minister of Kerala.