Kerala Government Receives Legal Advice to Proceed Against CEC Gyanesh Kumar in Suicide Case

The Keralam government has received a legal opinion stating there is no legal bar to proceed against Chief Election Commissioner Gyanesh Kumar in connection with a two-decade-old suicide case.

Legal Opinion

T. Asaf Ali, the Director General of Prosecution, advised the State government that proceedings can move forward because the punishment for the alleged offence could extend up to 10 years. The case involves the reported suicide of a Malaysian national named Lee See Been, who served as the chief project officer for the Kerala State Transport Project to reconstruct M.C. Road.

Background of the Case

The 127-kilometer road project was handled by PATI-BEL, a joint venture between a Malaysian firm and Kochi-based Bhageeratha Constructions, at a cost of 215 crore rupees. According to the legal note, Been died by suicide in Kuala Lumpur after returning from Keralam, leaving behind two notes addressed to the PATI director and his wife. The notes and subsequent findings allege that extreme mental stress caused by harassment from Mr. Kumar, who was then the Public Works department secretary, drove Been to take the extreme step. The prosecution report states that delays in fund releases and bill payments forced the company into crisis.

Investigation and Allegations

The legal opinion concludes that the proximate cause of death was harassment amounting to an offence under Section 306 of the Indian Penal Code, warranting a detailed investigation. The prosecution note further alleges that Mr. Kumar used his bureaucratic influence and authority to evade the law previously, and recommends reopening the inquiry into alleged misconduct regarding contract awards and financial losses to the government.

Context

Legal reviews of older cases often resurface when fresh administrative or political developments prompt authorities to re-examine past investigative reports. State governments hold the prerogative to seek opinions from senior prosecution officials to determine whether sufficient grounds exist to reopen inquiries involving former public servants.