Keralam government gets legal opinion to proceed against Chief Election Commissioner Gyanesh Kumar in abetment to suicide case
A two-decade-old suicide case involving a Malaysian engineer has resurfaced with significant implications for Chief Election Commissioner (CEC) Gyanesh Kumar. The Keralam government has received a legal opinion from the State’s Director General of Prosecution (DGP), T. Asaf Ali, advising that there is no legal bar to proceeding against Mr. Kumar for alleged abetment to suicide under Section 306 of the Indian Penal Code (IPC).
Case background
The matter pertains to the reported suicide of Malaysian national Lee See Been, who served as the former chief project officer of the World Bank-aided Kerala State Transport Project (KSTP) for the reconstruction of the M.C. Road. The work was undertaken by PATI-BEL, a joint venture between Malaysia’s PATI and Kochi-based Bhageeratha Constructions.
Been is said to have taken his life in Kuala Lumpur after returning from Keralam, reportedly leaving two suicide notes—one addressed to the director of PATI and another to his wife. According to the legal note, the deceased “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.”
Project disputes and alleged harassment
The joint venture had been awarded the project to reconstruct a 127-km stretch of M.C. Road at a cost of ₹215 crore. Delays in fund release and bill payments reportedly pushed the contractor into a financial crisis. The deceased allegedly blamed government officials and the Public Works Department (PWD) for harassment and delaying payments. At the time, Mr. Kumar was serving as Secretary of the PWD, and the then State government had ordered a probe into his role.
Key elements of the legal opinion
In his advice to the State government, DGP T. Asaf Ali has stated that there is no legal impediment to proceeding against the CEC at this stage, noting that the punishment for abetment to suicide under Section 306 IPC could extend up to 10 years’ imprisonment.
“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,” the legal note says.
The opinion further observes that 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.”
Allegations of financial misconduct
Beyond the abetment to suicide allegation, the legal note records broader charges against Mr. Kumar from his tenure as PWD Secretary. It states 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.”
It adds that, should available evidence substantiate these allegations, “there is no legal impediment to proceed against Mr. Gyanesh Kumar even now in accordance with law by conducting a thorough inquiry.” The note suggests that “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.”
Next steps
The State government has received the DGP’s opinion recommending a detailed investigation, including the reopening of any earlier inquiries that may have been closed. The opinion indicates that the passage of time does not, in itself, prevent further legal action if supported by evidence. Any subsequent action would proceed in accordance with law and standard investigative processes.
Suicide Prevention Helpline — DISHA: 1056
