By P. Sreekumaran
THIRUVANANTHAPURAM: In a significant political decision, the VD Satheesan-led United Democratic Front (UDF) Government in Keralam has ordered an enquiry into the allegations of corruption against Chief Election Commissioner (CEC) Gyanesh Kumar.
It is a 20-year old allegation made against him when he was the State’s Public Works Department secretary. The Vigilance and Anti-Corruption Bureau(VACB) will conduct the preliminary enquiry.
The Keralam Government’s bold decision has come against the backdrop of a nationwide protest against the CEC for his various acts of omission and commission in the implementation of the Special Intensive Revision (SIR) of electoral rolls.
VACB Director Manoj Abraham has been asked to investigate the accusation that the persistent efforts to extort bribes from PATI-BEL Consortium, an Indo-Malaysian firm, contracted under the Kerala State Transport Project, allegedly resulted in significant losses to the exchequer and the suspected death by suicide of Lee See Been, the project’s Chief Engineer, in Kuala Lumpur, in November 2006.
According to T. Asif Ali, Director General of Prosecution, who gave the legal advice to the Government, there is no legal bar in proceeding against the CEC since the punishment prescribed for the offence allegedly involving him could extend to 10 years.
The case against the CEC pertains to the suicide of Been, a former project officer of the World Bank-aided Kerala State Transport Project, for the reconstruction of M. C. Road. The project was implemented by PATI-BEL, a joint venture between PATI of Malaysia and Bhageeratah Constructions, Kochi.
Extreme mental pressure caused by the harassment perpetrated on him by Gyanesh Kumar led to Been’s suicide. That much is clear from the suicide note left by the deceased, according to the legal note. Been had actually left two suicide notes – one to the PATI director and the other to his wife.
The joint venture company had been entrusted with the construction of the 127-km M. C. Road at an expense of Rs 215 crore. The company faced a crisis due to the delay in release of funds and payments of bills, which eventually led to the suicide of Been.
Been had accused the government officials and the PWD Ministry of harassing him and delaying payments. Following his allegation, the then State Government had ordered a probe against Kumar, then serving as the secretary of the PWD.
Asif Ali’s legal note said “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 which is a punishable offence under Section 306 IPC, which warrants a detailed investigation.”
Kumar, a senior bureaucrat, used his authority and power to escape from the clutches of law, could still be held liable by putting the law in motion, even if there is delay, which will never vitiate the proceedings,” according to the legal opinion.
The allegation against Kumar is that while he was holding the post of secretary, Public Works, he committed serious acts of misconduct in awarding works to the con tractors of his choice in total breach of law with the intention of enriching himself, causing heavy loss to the Government. If the available evidence substantiates the allegation, there is no legal impediment to proceed against Gyanesh Kumar even now in accordance with the law by conducting a thorough enquiry.
Meanwhile, former Works Minister and senior Indian Union Muslim League (IUML) leader M. K. Munir has demanded a comprehensive probe into the circumstances leading to the reported death by suicide of Been. Munir, who held the Public Works portfolio between 2001 and 2006, told the media that no proper enquiry had been conducted into the death of Been! Though there were reports about a suicide note, there was no clarity. Munir’s term as Minister ended in early 2006.
Munir further said that the LDF Government, which came to power thereafter, had conducted an enquiry by the VACB into the alleged irregularities related to the roadwork under the Kerala State Transport Project. But, Kumar was exonerated by the court. He was subsequently transferred to New Delhi.
Whatever the denouement, the State Government’s was a courageous decision. It would go a long way in dispelling the perception that the UDF Government is soft on the BJP and its supporters. That is why the LDF has welcomed the move. It could also improve relations between the Congress and the CPI(M), both members of the INDIAN alliance, at the national level. (IPA Service)
