Keralam government gets legal opinion to proceed against Chief Election Commissioner Gyanesh Kumar in abetment to suicide case

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A two-decade-old suicide case of a Malaysian engineer has come back to haunt Chief Election Commissioner Gyanesh Kumar with the Keralam government receiving a legal opinion to proceed against him for abetment to suicide.

T. Asaf Ali, Director General of Prosecution, has given legal advice to the State government that there is no legal bar in proceeding against Mr. Kumar since the punishment prescribed for the offence allegedly involving him could extend to 10 years.

The case pertains to the reported suicide of a Malaysian, Lee See Been, a former chief project officer of a World Bank-aided Kerala State Transport Project for the reconstruction of M.C. Road. The project was implemented by PATI-Bel, a joint venture between PATI of Malaysia and Bhageeratha Constructions, Kochi.

Been reportedly “committed suicide due to extreme mental stress caused following the harassment perpetrated on him by Mr. Gyanesh Kumar, which is evident from the suicide note of the deceased,” according to the legal note.

Been, who reportedly committed suicide in Kuala Lumpur after returning from Keralam, had reportedly left two suicide notes, one to the PATI director and the other one to his wife.

The joint venture firm was supposed to construct the 127-km M.C. Road stretch at an expense of ₹215 crore. The delay in release of funds and payments of bills had reportedly forced the company into crisis and eventually forced Been to take the extreme step.

The deceased had reportedly blamed the government officials and the PWD ministry for harassing him and delaying the payments. The then State government had ordered a probe against Mr. Kumar, who was serving as the secretary of the Public Works department.

In his legal opinion, Mr. Ali has noted that a “meticulous scrutiny of facts and circumstances, which ended in the suicide of Been would reveal that the proximate cause of suicide was nothing but the reported harassment perpetrated by Gyanesh Kumar on the deceased, the act of which is a punishable offence under Section 306 IPC, which warrants a detailed investigation.”

Mr. Kumar, “who was a senior bureaucrat, used his authority and power to escape from the clutches of law, still be held liable by putting the law in motion, even if there is delay, which will never vitiate the proceedings,” according to the legal opinion.

The “allegation against Gyanesh Kumar is that while he was holding the post of Secretary, Public Works, he committed serious acts of misconduct in awarding works to the contractors of his choice in total breach of law with an intention to enrich himself, causing heavy loss to the government. If the available evidence substantiates the allegation, there is no legal impediment to proceed against Mr. Gyanesh Kumar even now in accordance with law by conducting a thorough inquiry. Due to his influence in the bureaucracy, even if the inquiry against Mr. Gyanesh Kumar was closed, it is just and necessary to reopen the inquiry and conduct further investigation and set the law in motion and the guilty punished,” it was suggested.

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