The Supreme Court on Friday rejected a petition by Sandip Ghosh, the former principal of Kolkata’s RG Kar Medical College and Hospital, against a Calcutta High Court order transferring the corruption case against him to the Central Bureau of Investigation, reported Live Law.
Ghosh served as the principal of the medical facility where a 31-year-old junior doctor was raped and murdered on August 9. The incident sparked protests across the country and resulted in Ghosh resigning from his post on August 12.
On August 23, the High Court ordered that the investigation into alleged irregularities by Ghosh, among other persons, in buying medical equipment be transferred from a Special Investigation Team constituted by the West Bengal government to the central agency.
In his petition before the Supreme Court, Ghosh had said that the High Court transferred the probe without allowing him a chance to be heard.
“As an accused, you have no locus to intervene in a PIL [public interest litigation] when the High Court is monitoring the investigation and transferring to the CBI/SIT,” said a bench of Chief Justice DY Chandrachud, and Justices JB Pardiwala and Manoj Misra on Friday.
Senior Advocate Meenakshi Arora, appearing for Ghosh, told the court that he was also aggrieved by the High Court’s remarks allegedly connecting the corruption allegations against him to the rape and murder at the hospital.
“You were a principal of the college when the incident took place,” said the Supreme Court, reported Bar and Bench. “High Court has not commented on corruption or the crime.”
Ghosh has been booked under Indian Penal Code sections pertaining to cheating and criminal conspiracy, and a section under the Prevention of Corruption Act relating to bribing public servants.
The former principal and three others were arrested by the Central Bureau of Investigation on Monday following interrogation.
The investigation against Ghosh was initiated following a petition filed by Akhtar Ali, the hospital’s former deputy superintendent.
On Friday, Arora told the court that Ali’s plea “is clearly motivated with a certain background” as he was transferred out of the hospital after an inquiry.
“We do not have to give Ali a clean chit,” the court said.
It added: “Let us not stultify the investigation and we have asked CBI to file status reports and with Supreme Court looking into this will ensure that there is fair investigation. These are all prima facie observations.”
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