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Kerala: Controversial MLA Saji Cheriyan returns as minister

Cheriyan had resigned in July 2022 for alleged anti-Constitution remarks

saji-cheriyan (From left) Saji Cheriyan, Governor Arif Mohammad Khan and Kerala Chief Minister Pinarayi Vijayan | Sourced image

Pinarayi Vijayan’s first government in Kerala assumed office in May 2016. 142 days later, came the first resignation from the cabinet. Nepotism allegations were raised against then industries minister E.P. Jayarajan, following which the Kannur strongman had to ‘ask for party’s permission to resign’. The allegation was that he had appointed his relative in a PSU under the industries department. CPI(M)’s then state secretary Kodiyeri Balakrishnan told the media that Jayarajan was allowed to resign to uphold the image of the party and set an exemplary model in contrast to the previous Congress-led UDF government. The vigilance gave a clean chit to Jayarajan in April 2017, and the Kerala High Court quashed the probe against him in September 2017. However, he had to wait another 11 months to be reinducted into the cabinet.

Fisheries Minister Saji Cheriyan was the first minister to resign from Pinarayi 2.0 cabinet. The party’s strong face from the central Travancore region resigned in July 2022, after a controversial speech from a party programme attracted media attention.

However, unlike Jayarajan, Cheriyan did not have to wait too long to be reinducted into the cabinet. On January 4, 2023, Governor Arif Mohammad Khan, who had expressed his reservations regarding the reinstatement of Cheriyan earlier, administered the oath at Raj Bhawan. Interestingly, Jayarajan was the first major leader from the CPI(M) to reach the venue today. Also, before the start of the ceremony, Cheriyan sat next to Jayarajan. The oath-taking ceremony was over in a jiffy.

At a party programme in Pathanamthitta, Cheriyan had said the “Indian Constitution is something that can be used to loot the maximum number of people in the country”. He also said that “something that the British dictated was written down verbatim as the Indian Constitution”. The minister also alleged that the Constitution does not protect labour rights. “India is a country that does not accept labour protests. If anyone asks for wages, they are beaten up. India has one of the most accepted Constitutions for exploitation,” he had said in his speech. It had triggered widespread protests from the Congress and the BJP. Sensing that public opinion is against the remarks, Cheriyan stepped down on July 6, saying, “I am resigning of my own volition. I feel my continuation as minister would impede any free and fair enquiry.”

A day after his resignation, Pathanamthitta police booked a case against Cheriyan under Section 2 of the Prevention of Insults to National Honour Act 1971, after the Judicial First Class Magistrate, Thiruvalla, ordered so. Police conducted a probe spanning five months, following which Thiruvalla DySP T. Rajappan Ravuthar submitted a report, giving Cheriyan a clean chit.

The report said that Cheriyan did not insult the Constitution, but only criticised it. The Kerala High Court, too, dismissed two petitions seeking the disqualification of Cheriyan as MLA, following which the CPI(M) started the process of reinstating him. It consolidated Cheriyan’s position. Soon after the verdict, party secretary M.V. Govindan said Cheriyan had resigned on moral grounds. His reinstatement into the cabinet suggests that the party has concluded that there is no moral issue in Cheriyan holding the post.

The Thiruvalla court is yet to deliver its verdict in the case. The opposition parties have alleged the police did not do a transparent probe in the case. There is a petition in the Kerala High Court seeking a CBI probe in the case. On January 3, another petition was filed seeking the Judicial First Class Magistrate Court in Thiruvalla to defer its decision on the report filed by the police, until the High Court pronounces its final decision on the petition for the CBI probe.

The UDF and the BJP boycotted the oath-taking ceremony of Cheriyan. Opposition leader V.D. Satheeshan said that the CPI(M) is challenging the people of Kerala with its decision to reinstate Cheriyan. Meanwhile, BJP Rajya Sabha MP and Kerala-in-charge Prakash Javadekar said that Cheriyan will soon have to resign again. Interestingly, the saffron party, which is usually depicted by the Left leaders as a threat to the Constitution, observed December 4 as ‘Constitution Protection Day’ in Kerala. 

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