KOCHI/THIRUVANANTHAPURAM: Signalling fresh trouble for embattled Chief Election Commissioner (CEC) Gyanesh Kumar, the Keralam government has ordered a vigilance inquiry against him in connection with the suicide of a Malaysian civil engineer two decades ago, while the IAS officer was serving as the secretary of the public works department.
The announcement by Home Minister Ramesh Chennithala on Sunday followed a legal opinion by the director general of prosecution (DGP) alleging that Gyanesh committed serious acts of misconduct while awarding works to contractors of his choice with the intention of enriching himself and causing substantial financial loss to the state government. The DGP also pointed to the possibility of charging Gyanesh with abetment of suicide.
Lee See Been, who served as chief project manager for PATI-BEL, an Indo-Malaysian consortium involved in upgrading the MC Road under the Kerala State Transport Project (KSTP) , ended his life in 2006. Gyanesh’s name had figured in one of Lee’s suicide notes, which also alleged systemic corruption that plagued the project’s implementation.
The DGP stated that “crime never dies” is a fundamental legal principle. Legal consequences for serious offences such as corruption, abuse of authority, undue enrichment and abetment of suicide do not automatically cease merely because time has passed, and a court can still hold an accused person accountable, the opinion said.
It stated that Gyanesh, then a senior bureaucrat, allegedly used his authority and influence to escape the clutches of the law. However, proceedings can still be initiated against him by setting the law in motion, the opinion stated.
It is an abomination that serious probe was not launched: Min
“It is trite law that a delay in prosecuting a corrupt public servant does not exonerate the accused from criminal charges of corruption. The overarching public interest in maintaining the rule of law and combating corruption outweighs any question of delay,” the opinion stated.
“On a meticulous scrutiny of the facts and circumstances...it would reveal that the proximate cause of the suicide was nothing but the reported harassment perpetrated by Gyanesh Kumar on the deceased,” stated the legal opinion by DGP Asaf Ali T. This constituted an offence punishable under IPC Section 306 (abetment of suicide) and warranted a detailed investigation, it said.
Since the punishment prescribed under Section 306 of IPC is imprisonment for a term that may extend to 10 years, the DGP stated that the bar of limitation prescribed under the Code of Criminal Procedure does not apply.
Terming it as a serious matter, Home Minister Ramesh Chennithala said the decision to conduct a probe was taken on the basis of a complaint filed by Congress leader Malayinkeezhu Venugopal. He said the preliminary inquiry announced against Gyanesh under the LDF government did not proceed.
“Prima facie, the complaint against Gyanesh seemed logical and relevant and hence I ordered VACB to conduct a probe,” Chennithala said. He said since the probe is connected with his tenure as PWD secretary, Gyanesh is not entitled to get any legal immunity.
Chennithala said Lee in his suicide note had made several accusations, including undue delay in clearing bills and showing hostility for not paying kickback, against the PWD and its staff. “It’s an abomination for the country that a serious probe was not launched into the incident. There was also an allegation that the inquiry against Gyanesh was sabotaged,” he said.
Isaac’s allegations politically motivated, says Muneer
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