Kerala receives legal advice on possible case against election chief

Kerala’s government has received legal advice that it may proceed against Chief Election Commissioner Gyanesh Kumar in connection with a two-decade-old alleged abetment-to-suicide case. T. Asaf Ali, the state’s Director General of Prosecution, advised that there was no legal bar to proceeding because the offence allegedly involving Kumar carries a possible sentence of up to 10 years, according to the report.

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

Been reportedly died by suicide in Kuala Lumpur after returning from Kerala. The legal opinion said he had left two notes, one addressed to a director of PATI and another to his wife. It attributed the alleged suicide to extreme mental stress caused by harassment by Kumar, based on the reported contents of the notes.

The joint venture was contracted to build a 127-kilometre stretch of road at a cost of ₹215 crore. The report said delays in releasing funds and paying bills had placed the company under pressure. Been reportedly blamed government officials and the Public Works ministry for harassment and delayed payments.

The legal advice said a detailed investigation should examine whether alleged harassment by Kumar was the proximate cause of the death. It also referred to allegations that, while serving as Public Works secretary, Kumar improperly awarded works and caused losses to the government. The opinion said that, if evidence supported the allegations, there was no legal impediment to reopening an inquiry and proceeding in accordance with law.

The supplied material records allegations and legal advice, not a finding of criminal liability or a response from Kumar.