New Delhi: The Supreme Court on Friday rejected a petition by Sandip Ghosh, former principal of RG Kar Medical College and Hospital, challenging the Calcutta High Court order dismissing his plea to be added as a party to a petition alleging financial irregularities during his tenure at the institute, saying that he has no locus to implead in the plea.
A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra took up the petition filed by Ghosh. Senior advocate Meenakshi Arora, representing Ghosh, submitted before the bench that this is a matter where there is an allegation of financial irregularities that have been made against her client and they are linking it with the rape incident at the hospital, which is not correct.
The murder and alleged rape of a junior doctor at the state-run hospital has sparked nationwide protests. On August 23, the high court ordered the transfer of the probe into the alleged financial irregularities from a state-constituted Special Investigation Team (SIT) to the Central Bureau of Investigation (CBI).
During the hearing, the CJI made it clear that as an accused Ghosh had no locus to intervene in the PIL, where the high court is monitoring the investigation. “In this matter, commenting upon the merits of your involvement either in corruption or the alleged offence, both of which are matters of investigation. Therefore, as an accused you have no locus to intervene in a PIL, where the high court is monitoring the investigation or transferred the investigation to the CBI”, said the CJI.
Arora said her client is not against the investigation but links the present investigation, which is purely on a financial irregularity, with the nexus, as the high court uses the word, with that of the rape is something is not right. The CJI said, “That is itself a matter of investigation. Both aspects….”. Solicitor General Tushar Mehta, representing the CBI, agreed with the observation made by the apex court, saying “Precisely!”
Arora said when her client joined this particular institute during the COVID-19 pandemic, he made some changes to the educational regime which required students to take examinations and promotions could not be done without the exam.
“Students’ went on strike. The high court passed orders under which the students apologized and the classes resumed. There were two petitions filed on bio-medical waste, as PILs before the high court and both were dismissed. The third, present petition, under which this order was passed is filed by one Akhtar Ali, who was previously in charge on the administrative side in the same hospital and there was an inquiry conducted against him, against certain allegations made against his role”, said Arora.
She added that in that inquiry the government transferred him to Murshidabad Hospital. “We do not have to give…clean chit. This is not a matter which can be disposed of on a technicality like this, on account that PILs were dismissed. The high court is in seisin and they have transferred the investigation to the CBI. You have no locus in these proceedings”, said the CJI.
The CJI said the issue of disposal of bio-medical waste is a trigger, therefore the high court wishes this matter should reach a logical conclusion. Arora said the issue of disposal of bio-medical waste will be an independent investigation and should not be linked to the incident at the hospital. “We have asked the CBI to file status reports before us. The highest court is looking at this will have an influence for ensuring there is fair investigation….”, said the CJI.
Arora urged the apex court to expunge the observations made by the high court, which says there is a nexus. “These are prima facie observations”, said the CJI. Arora said it would hurt her client in the investigation.
After hearing arguments, the apex court dismissed the plea by Ghosh challenging the Calcutta High Court order dismissing his plea to be added as a party to a petition alleging financial irregularities at the institute during his tenure.
The doctor’s body with severe injury marks was found in the seminar hall of the hospital's chest department on August 9. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day.
