When Assistant Public Prosecutor (APP) S Aneeshya took her life in January this year, she left behind a a 19-page suicide note and multiple voice messages pointing towards the workplace harassment she faced. Ten months later, the Crime Branch investigation into her death has stalled, while her alleged harassers have returned to service in Kerala's prosecution system.
Anoop S, brother of Aneeshya, an APP at the Munsiff and Magistrate Court in Kollam district’s Paravoor, said even 10 months after she took her own life leaving behind a suicide note and voice messages accusing her colleagues of harassment, the Crime Branch investigating the case has failed to file the chargesheet.
Aneeshya, wife of KN Ajith Kumar, a district sessions judge posted at Mavelikkara, took her own life on January 21, 2024, two days after Abdul Jaleel PM, Deputy Director of Prosecution, allegedly ridiculed her in an office meeting by publicising her confidential report. He had also posted a Malayalam film clip of a conversation ridiculing a lawyer for losing a case, allegedly targeting Aneeshya, a week before that. Her messages and a 19-page suicide note accused Jaleel, her superior, and Shyam Krishna KR, a junior APP, of mental harassment.
On September 10, 2024, the Home Department, complying with an order issued by the Kerala Administrative Tribunal, reinstated Abdul Jaleel and Shyam Krishna, who were suspended following the incident. While Jaleel was posted in Kasargod, Shyam Krishna was moved to Wayanad, both faraway districts. The order reinstating the officials, both members of the Kerala Assistant Prosecutors Association (KAPPA), ironically quoted a report from the state police chief, stating that the accused officials used WhatsApp messages to threaten the deceased.
“The suicide note, voice messages, and WhatsApp messages reveal that the deceased suffered severe mental torture and defamation in the office and on social media platforms at the hands of the accused. The investigation is underway, awaiting FSL reports and the examination of additional witnesses,” the order said.
Speaking to TNM, Anoop said despite clear evidence, including her diary and voice messages naming her harassers, the police and the investigation agencies are delaying justice delivery. Allowing the accused to rejoin their official duties shows a weak approach to the case and failure to protect those seeking justice, he alleged.
Initially, an FIR was registered under Section 174 of CrPC by the police as they do in every case of unnatural death. When the Crime Branch took over the case, they invoked Section 306 of the IPC, dealing with abetment of suicide which envisages imprisonment up to 10 years, but only after Aneeshya’s mother moved the Kerala High Court seeking probe by Central Bureau of Investigation (CBI).
Social activist PE Usha, who is leading the ‘Justice for Aneeshya Solidarity Collective’, said the investigators are not looking at the conspiracy despite her suicide alleging conspiracy. “Going by the information we received under the RTI Act, it is evident that superior officers were favouring the accused by helping them take leaves violating norms. Also Aneeshya was refused leave for getting admitted to a hospital for treatment,” Usha said. Aneeshya had stated that she was targeted for questioning the unauthorised absence of her colleague.
Usha alleged that the pressure and harassment Aneeshya experienced at the workplace was orchestrated. “It is vital to investigate the conspiracy angle and the role of the superior officers. The agency hasn’t investigated crucial pieces of evidence such as the mobile phones or laptops of the superior officers. The officers were reluctant to give their laptops to the Crime Branch team for verification as part of the investigation process,” she said.
Usha alleged that even after Aneeshya’s death, there were posts and messages intended to insult her in the WhatsApp group of prosecutors.
“We suspect that the ongoing investigation is for the sake of it. If they were serious, they would have incorporated the conspiracy charges,” she alleged.
Usha said that on January 19, two days before before Aneeshya’s suicide, a meeting was called in which deliberate attempts were made to mentally harrass Aneeshya. During the meeting, details of her confidential report were publicised. “Aneeshya’s superior purposefully lowered her marks and allowed others to know it. One time he accused her of being a nuisance. When she tried to explain, she was silenced and said that a punishment was on the way,” Usha alleged.
RTI application shows anomalies
Usha said the RTI replies show that most of the leave applications have no proper dates. “Date of application, sanction date of application and proper signature of sanctioning authority were missing. It was also not clear whether the leaves were sanctioned or not. “We came to know that the accused used to go on unauthorised leaves and later got them sanctioned," she said. Though Aneeshya was sick and had applied for a leave on November 4, 2023, it was not sanctioned by Abdul Jaleel. Another request for leave on November 6 for treatment was also denied.
P Premnath, a former Deputy Director of Prosecution (DDP) and now a practicing lawyer, who had given a sworn statement in connection with the suicide of Aneeshya said he was aware of what she went through. "If what happened in the case of ADM Naveen Babu was political the case of Aneeshya was that she forced to commit suicide by her colleagues and superiors," he said.
Naveen Babu, the Additional District Magistrate of Kannur, had recently died by suicide after PP Divya, CPI(M) leader and district panchayat president painted him as a corrupt person during a farewell event following his transfer to Kannur. Delay by police in arresting Divya had come in for criticism and happened only after a local court denied her bail.
Petition to Kerala Governor
In a petition to the Kerala Governor Arif Mohammed Khan, Aneeshya's mother Prasanna raised severe allegations of unethical interventions by senior officials when a Crime Branch team went to search the house of APP Shyam Krishna.
"As part of the investigation process, the Crime Branch armed with a search warrant from court, on April 12, went to search the residence of APP Shyam Krishna to collect evidence. A post in the official WhatsApp group of Kerala APP Association - KAPPA (attached), claimed that DGP was immediately contacted, who intervened and stopped the search process. Needless to mention that this is a grave criminal offence by the DGP apart from criminal offences of breach of trust, dereliction of duty and obstruction of administration of justice by a person who is Constitutionally mandated to guarantee them," the petition alleged. The petition alleges that intervention from the State Police Chief prevented the search of the Crime Branch team.
It also alleged that a departmental inquiry by Deputy Director of Prosecution (Headquarters) Sheeba K, which gave a clean chit to the accused, was farcical. "DDP Sheeba in her departmental inquiry took witness statements from only those who supported the accused, rejecting many real witnesses who volunteered to give statements. This DDP also refused to look into the 19 page suicide note and six audio messages of my daughter. Such a totally manipulated DE report was later used to procure bail from the High Court for both the accused APP Shyam Krishna and DDP Abdul Jaleel", the petition said..
The petition alleged that KAPPA acted like a mafia, flouting rules governing prosecutors. It also called for an investigation into KAPPA's activities and demanded action against those involved in harassment and misconduct.
TNM reached out to Abdul Jaleel and Shyam Krishna for their response. While Shyam Krishna refused to comment since the matter is being heard by a court, Jaleel has not responded to phone calls and messages.
Mohammed Shafi, state president, Kerala Assistant Prosecutors Association (KAPPA), said it is up to the investigators to take cognizance of voice messages left by Aneeshya. “We are an organisation working for the welfare of prosecutors. We have no prejudice in this case. Both accused are members of the organisation, so was Aneeshya,” he said.
If you are aware of anyone facing mental health issues or feeling suicidal, please provide help. Here are some helpline numbers of suicide-prevention organisations that can offer emotional support to individuals and families.
Tamil Nadu
State health department's suicide helpline: 104
Sneha Suicide Prevention Centre - 044-24640050 (listed as the sole suicide prevention helpline in Tamil Nadu)
Andhra Pradesh
Life Suicide Prevention: 78930 78930
Roshni: 9166202000, 9127848584
Karnataka
Sahai (24-hour): 080 65000111, 080 65000222
Kerala
Maithri: 0484 2540530
Chaithram: 0484 2361161
Both are 24-hour helpline numbers.
Telangana
State government's suicide prevention (tollfree): 104
Roshni: 040 66202000, 6620200
SEVA: 09441778290, 040 27504682 (between 9 am and 7 pm
Aasara offers support to individuals and families during an emotional crisis, for those dealing with mental health issues and suicidal ideation, and to those undergoing trauma after the suicide of a loved one.
24x7 Helpline: 9820466726
Click here for working helplines across India.