On 28 July 2018, based on Sunitha’s (name changed to protect identity) complaint, the Palakkad town north police registered an FIR (first information report) against the Managing Director of the public sector-undertaking, Kerala Small Industries Development Corporation (SIDCO), and another senior official of SIDCO. The woman, who is also a SIDCO employee, accused the two men of seeking sexual favours. After one-and-a-half years of investigation, the police finally submitted the chargesheet against SIDCO’s MD KB Jayakumar (the first accused) and Assistant General Manager Ebin (second accused) on December 29, 2020. Despite the charges of sexual harassment against them, the two senior officials continue to serve in their posts in the state-owned company.
As per the chargesheet, which was exclusively accessed by TNM, SIDCO’s MD and AGM have been charged under section 354A (1) (iv) [making sexually coloured remarks, shall be guilty of the offence of sexual harassment), read with section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC). The punishment may extend to one year imprisonment or fine, or both.
The woman alleged that sexual favours were asked of her through phone and in person. When the woman refused to relent, she was allegedly transferred to various districts in Kerala, said the chargesheet submitted to the Chief Judicial Magistrate Court, Palakkad. One of the investigators told TNM that the woman had been transferred multiple times and once to a remote office. The case is mainly based on her statement given to the magistrate.
The woman alleged that she was asked to come to a hotel room. “This was part of several attempts between April 2017 and July 2018 to violate her sexually,” the chargesheet said. The chargesheet also said that the second accused threatened the woman and asked her to oblige, if not it would cause her harm.
“Because she refused to give in to their demands, she was transferred to various places causing her difficulties. Considering the evidence to influence and threaten her, the accused persons, under the charges mentioned, have committed a punishable offence,” said the chargesheet.
The statement of the complainant was registered under section 164 (Recording of confessions and statements) of the Code of Criminal Procedure (CrPC) and the Judicial First Class Magistrate Court had recorded the statement of the complainant.
Speaking to TNM, a senior IAS officer said, “We were also surprised by the allegations. We didn’t have any inkling of such a complaint in 2018 or the chargesheet in 2020. The government is now aware, and inquiries have been going on over the last two days.”
Incidentally, the woman alleged that after she filed the complaint, the SIDCO MD filed a few complaints against her, alleging cheating and forgery, in December 2018 in Thrissur. She was also placed on suspension at one point, a High Court document said. As the case investigation progressed, she alleged she was demoted to a clerical post. Alleging that the complaints were filed with the aim to weaken her case, she approached the HC. One of the cases has been disposed of.