"No impediment to Cherian facing probe while continuing as minister": State Law Minister P Rajeev after Kerala HC order

Thiruvananthapuram: Following Kerala High Court order to Crime Branch to probe into state minister Saji Cherian's remarks on the Constitution, Law Minister P Rajeev on Friday said that there is no impediment to him facing the investigation while continuing as a minister at the same time.
Law Minister P Rajeev said, "High Court dismissed the plea for a CBI investigation. There is no ethical issue in Saji Cherian continuing as a minister. The High Court should have heard his side of the story as well. Supreme Court rulings already exist on such matters. Saji Cherian himself has clarified that natural justice has been denied in this case. It is essential to hear him too. There is no impediment to him facing the investigation while continuing as a minister."
Earlier in December 2022, the Kerala Police final report cleared former Minister and present Cultural and Youth Affairs Minister Saji Cherian's name in an alleged case of insulting the Constitution of India.
Cherian courted controversy while addressing a CPI(M) programme at Mallappally in Pathanamthitta district and had said in his remark that India's Constitution can be used to "loot" the people of the country. The police's final report was submitted before Thiruvalla magistrate court.
The police report said, "After going through the video and other records, they could not prove that the former minister has intentionally insulted the constitution or its architects. The reports say that they also got a legal opinion on this."
The police report said that the former minister was criticising that the government machinery was using the constitution for exploiting the labourers and that he did not insult or defame the constitution or its architects. The police in its report had requested the court to accept this and close the case.
Earlier on December 8, Kerala 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.
"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 2022.
The petition was moved by Malappuram native Biju P Cheruman in July 2022. The petitioner had contended that Saji Cherian publicly insulted the Constitution in a public speech at his political meeting and his conduct is violative of Articles 173(a) and 188 of the Constitution of India.