M.BAIJU NOEL Vs. STATE OF KERALA

JUDGEMENT

(1.) 'Constitution is not a mere lawyers document, it is a vehicle of life and its spirit is always the spirit of age. If things go wrong in the new Constitution, the reason will not be that we had a bad Constitution, but what we will have to say is that Man was vile.' B.R Ambedkar's above words of wisdom must ring in the mind of every Indian citizen who is bound to uphold the Constitution and its ideals. They have particular relevance while appreciating the controversy arising in the instant case.

(2.) Petitioner seeks for a direction to set aside the final report filed in Crime No. 600/2022 of Keezhvaipur Police Station. He also challenges an order dismissing his petition for further investigation into the above crime. A direction is also sought to entrust the re-investigation of the above crime with the Central Bureau of Investigation.

(3.) On 3/7/2022, Sri. Saji Cherian, the then Minister of Fisheries and Agriculture, Government of Kerala, while addressing a public function at Pathanamthitta made certain remarks which are alleged to be disrespectful and insulting to the Constitution of India. Several persons, including the petitioner, submitted written complaints to the police. However, when his complaint did not result in the registration of a crime, petitioner approached the jurisdictional Magistrate. Pursuant to a reference under Sec. 156(3) Cr.P.C, FIR No.600/2022 of Keezhvaipur Police Station was registered alleging the commission of an offence under Sec. 2 of the Prevention of Insults to National Honour Act, 1971 (for short 'the Act').