Criminal case, Quo warranto petition awaiting Minister Saji Cheriyan

KOCHI: The controversial speech made by minister Saji Cheriyan in Mallappally insulting the Constitution will pave the way for two types of legal action. Firstly, the Minister can be sued under the Prevention of Insults to National Honour Act, 1971. Secondly, a quo warranto petition can be filed in the High Court stating that the minister's speech insulting the Constitution is a violation of oath and he should not be allowed to continue in office.

The Minister's speech is not a criticism of the Constitution, but a rejection of it. Former Director-General of Prosecutions T Asaf Ali clarified that the rejection of the Constitution is an offence as per law. He also clarified that the fundamental right of freedom of expression does not include constitutional criticism.

Quo warranto petition
Usually, quo warranto petitions alleging that acts of ministers are unconstitutional do not stand. Thousands of such complaints are pending in the High Court and the Supreme Court. In this case, the quo warranto petition will stand as the Minister has rejected the Constitution.

Following R Balakrishna Pillai's 'Punjab Model' speech at Rajendra Maidan in Ernakulam on May 25, 1985, KC Chandy had filed a petition in the High Court seeking his removal from office. Balakrishna Pillai resigned while the full bench comprising Justice K Bhaskaran, Justice K Narendran and Justice VB Nambiar was hearing the petition. However, after hearing the argument, the full bench gave its verdict. The full bench had made it clear that it was the governor and not the court to examine whether the minister's speech was a breach of oath.

Saji Cheriyan's case is different. Lawyers are pointing out that the minister's speech, which rejected the constitution, was a violation of oath and the quo warranto petition will stand.