Kerala: Setback for Saji Cherian as court orders CB probe in Mallapally speech case, quashes police report
Kerala Minister Saji Cherian faces setback as High Court rejected the police report in the Mallapally speech case and directed a Crime Branch investigation into the matter.
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FollowKochi: In a significant setback for Minister Saji Cherian, High Court rejected the police report in the Mallapally speech case and directed a Crime Branch investigation into the matter. Additionally, the court quashed the final report submitted by the investigating officer, as well as the magistrate's order that had accepted it. The court highlighted several flaws in the investigation, including the failure to examine crucial CCTV footage and audio clips.
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The court noted that the investigating officer had submitted the final report before the forensic report was received. It emphasized the need to investigate the context in which the terms "kuntham" and "kodachakram" (considered inappropriate) were used. The court stressed the importance of ensuring that an honest officer conducts the investigation, and that the speech’s potential to cause contempt against the Constitution in the minds of listeners be properly examined. Furthermore, the court criticized the failure to take statements from media personnel who were key witnesses, noting that the investigation had been rushed. It ordered that the investigation be completed promptly and without further delays.
The controversial speech related to the incident was during a party programme in Mallapally when Saji Cherian said, "“We all say that India has a beautifully written Constitution. But, I would say that the Constitution is written to rob most people of India. An Indian wrote a Constitution which was prepared by the British. It has been practiced in this country for 75 years. Though there are traces of a few good things such as democracy and secularism in the Constitution, its aim is to exploit the common man”.
Following outrage owing to his words, Saji Cherian stepped down as Kerala Fisheries and Culture Minister but was inducted back in the cabinet in 2023 after a police report that the case has no merit and division bench ruling of the High Court which dismissed a plea that sought disqualification of Cherian as MLA.
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