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February 14, 2000

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Judicial probe against Nadar opposed

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T K Devasia in Thiruvananthapuram

There are no takers for the demand for a judicial probe into the sexual harassment case that led to the resignation of Kerala Transport and Forest Minister A Neelalohitadasan Nadar.

Various organisations see the demand made by the Janata Dal (Secular) president, M P Veerendrakumar, as a clever tactic to delay the minister's prosecution.

Senior IAS officer, Nalini Netto has accused Nadar of attempting to outrage her modesty.

Opposition parties feel there is no need for a judicial inquiry as the case falls within the purview of the Indian Penal Code. There are clear-cut guidelines from the Supreme Court in this regard. As per these guidelines, in a case of sexual harassment in the work place, the employer can initiate appropriate action in accordance with the law.

In Nadar's case, Chief Minister E K Nayanar is empowered to initiate criminal proceedings against the minister without seeking sanction from either the governor or the speaker.

Since Nayanar also holds the home portfolio, he can refer the case either to the state Crime Branch or the local police for investigation.

The IAS lobby in the state is apparently against a judicial inquiry since it would delay criminal proceedings. If a judicial probe is instituted, a case can be registered only on the basis of the commission's report.

The Janata Dal (United) has claimed that the attempt to set up an inquiry was aimed at saving the minister. JD (U) general secretary Thodiyara Jose has urged the government to hand over the case to the police "as soon as possible".

Nilambur Divisional Forest Officer Prakriti Srivastava, who is willing to supplement Netto's case with her own "not-so-pleasant experience with the minister", is likely to do so as soon as police start investigations.

But the young IFS officer has not made any written complaint regarding the minister's alleged "misbehaviour" during an official discussion at the Kozhikode government guesthouse in early 1999.

Srivastava had made an oral complaint to her department head and the Kerala State Women's Commission chairperson, Sugathakumari. The latter has confirmed that she had been informed of the woman's experience in 1999.

Some ministers are opposed to the inquiry since Nadar has alleged that his cabinet colleagues too are involved in unsavoury incidents.

Addressing a reception accorded to him by his partymen in Thiruvananthapuram on Sunday, Nadar said a minister had stalled his request to transfer Netto from his department during the cabinet meeting of January 2. He alleged that this minister wanted the transfer made only after a suitable new department was identified for her.

Sources close to the minister said that the sexual harassment controversy would not have erupted if the cabinet had acted on the note he had submitted on February 1. They said that this gave Netto time to make a written complaint to the chief minister. Intriguingly, the complaint dated February 1 was received by the chief minister only on February 9, when the cabinet next met.

The sources said the contents of the complaint and the proceedings of the cabinet meeting of February 1 appeared in a section of the press before the next cabinet meeting. This, they see as an indication of involvement of some higher-ups in the case.

The Janata Dal (Secular) has demanded a judicial inquiry into the case in the light of this evidence.

Naynar, however, has been non-committal. He has said it was up to the cabinet to take a decision.

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