Some legal experts say that there is a situation where Saji Cherian will have to face criminal action for violating the Honor Act and will have to resign as MLA as well.
Thiruvananthapuram, First Published Jul 7, 2022, 6:38 AM IST
Thiruvananthapuram: The police may register a case today on the complaint against Saji Cherian’s controversial speech. The Tiruvalla Judicial First Class Magistrate Court had directed the police to file a case on the complaint of contempt of the Constitution. The reason why the police started taking action today is because they have to file a case within 24 hours if the court directs it. However, the Kir Layaur police are still confused about which sections should be charged against the former minister. The clarification will come after the Niyapodasa. Last day, the police had examined the video of Saji Cherian’s speech in Mallapally
The main question is whether Saji Cherian will be able to continue as an MLA after resigning from the post of minister. Some legal experts say that there is a situation where Saji Cherian will have to face criminal action as he has violated the Honor Act and he will also have to resign as MLA. It is believed that he has rejected the action so far in contempt of the governance structure that every citizen is bound to follow. But the other argument is that the oath taken by the minister and the MLA is different. MLAs are elected by the people while the Minister is appointed by the Governor. It is also argued that the current controversial action does not cover the provisions of Article 191 of the Constitution to disqualify an MLA. But the problem is that the administrative structure itself has been rejected. Further action in the case pending before the court is also decisive in Saji’s case.
Although Saji Cherian has resigned as a minister, the CPM state secretariat which will meet today will discuss the controversy. The current discussions are that the minister should not be replaced for the time being. With the resignation of the minister, Saji Cherian’s portfolios have been handed over to the chief minister. But it is likely that any current minister will be given additional responsibilities. Like EP Jayarajan, who resigned from the first Pinarayi government and later returned, there is a plan to bring Saji back once the cases are over.
The opposition has decided to continue the protest against Saji Cheri, who resigned as minister but did not deny his speech which insulted the administrative structure. The move is to raise the issue in the assembly today. Congress and BJP are demanding that Saji Cherian should resign as MLA as well. The opposition will also raise in the House that the Chief Minister did not respond to the controversy. However, the CPM is of the view that the controversy has ended with the minister’s resignation.
Last Updated Jul 7, 2022, 6:43 AM IST
Download App:
