Police register case against Saji Cherian MLA; offence punishable with imprisonment of three years in FIR

THIRUVANANTHAPURAM: A case has been registered against former minister Saji Cherian on the complaint of insulting the Constitution. He criticised the Constitution while speaking at a public event in Malappally while serving as the minister.

The Thiruvalla Judicial First Class Magistrate Court had directed the police to register a case on the complaint of insulting the Constitution. The case was registered under Section II of the Prevention of Insult to National Honour Act. The Keezhvaipur police took action after examining the visuals of the speech. This is a section against contempt of the Constitution by word or deed. This case is punishable by imprisonment upto three years and a fine.

Meantime, some legal experts are of the opinion that there is a situation where Saji Cherian will have to face criminal action for violating Honour Act and he will have to resign as MLA as well. However, another argument is that the oath taken by the minister and the MLA is different. When the governor appoints the minister the MLA is elected by the people. It is also contended that the present controversial action does not cover the provisions of Article 191 of the Constitution to disqualify an MLA.

Although Saji Cherian resigned as minister, the CPM state secretariat meeting to be convened today will discuss the controversy. It is heard that nobody will replace Saji Cheriyan. The portfolios handled by Saji Cherian is now in the hands of the chief minister. There is a chance to give additional responsibilities to a minister. E P Jayarajan who resigned from the first Pinarayi government later returned, so there is a possibility of Saji Cherian to return once the cases are over.

Meantime, the opposition want Saji Cherian to quit his MLA post also. However, the CPM is not demanding it.