Daijiworld Media Network - Thiruvananthapuram
Thiruvananthapuram, Oct 5: The Kerala government has received legal advice that there is no bar on proceeding against Chief Election Commissioner Gyanesh Kumar in connection with the alleged abetment of suicide of a Malaysian civil engineer in 2006, when Kumar was serving as the state's Public Works Department secretary.
Director General of Prosecution T Asaf Ali has advised the government that a case can be registered and investigated, including under the charge of abetment of suicide, for which the punishment can extend to 10 years. The legal opinion also reportedly states that a fresh investigation can be conducted even if an earlier probe into the matter had been closed.
The case relates to the death by suicide of Malaysian engineer Lee See Been, who was associated with the PATI-BEL consortium involved in upgrading the 240-km MC Road between Thiruvananthapuram and Angamaly under the Kerala State Transport Project (KSTP).
Lee, who served as chief project manager for the consortium, died by suicide in 2006. According to Kerala Home Minister Ramesh Chennithala, his suicide note reportedly mentioned Kumar, who was then serving as PWD secretary. Chennithala, however, has said he had not personally seen the suicide note and that information about its contents was based on reports.
The allegations also relate to alleged irregularities in the KSTP project, including claims that contractors were favoured and that there were demands for money and delays in clearing payments. These allegations have not been established and are subject to investigation.
The Kerala government has now ordered a preliminary inquiry by the Vigilance and Anti-Corruption Bureau (VACB). Home Minister Ramesh Chennithala directed Vigilance Director Manoj Abraham to take appropriate legal steps after Congress leader Malayinkeezhu Venugopal submitted a complaint seeking an investigation into the allegations.
The matter had originally triggered a Vigilance inquiry in 2006. Reports said the investigation did not progress after Kumar was transferred to the Centre on deputation later that year. The present inquiry is being described by the government as a continuation or reopening of the earlier investigation.
The legal opinion has also addressed Kumar's present position as Chief Election Commissioner. According to the Kerala government, the allegations concern actions dating back to his tenure as PWD secretary and therefore his present constitutional position does not prevent the investigation.
The development comes amid political criticism of Kumar over the ongoing Special Intensive Revision (SIR) of electoral rolls, with Congress and other opposition parties protesting against the Election Commission. Kumar, a Kerala-cadre IAS officer, served in several state departments before moving to the Centre.
The Vigilance inquiry will determine whether there is sufficient evidence to proceed further in the case.