The Supreme Court on Friday rejected a petition filed by former principal of RG Kar Medical College and Hospital Sandip Ghosh against the Calcutta High Court observations linking him to the recent rape and murder of a 31-year-old resident doctor at the hospital.
The Bench of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra observed that Ghosh, as a possible accused, did not have the locus to intervene in the PIL in which the High Court had made adverse observations against him.
The Bench said Ghosh was the principal of the college when the incident took place. The High Court had not commented on corruption or the crime. But as an accused, Ghosh had no locus to intervene in the PIL.
The High Court made the observations on August 23, while ordering a probe by the Central Bureau of Investigation (CBI) probe into financial irregularities at the institute.
The High Court passed the verdict on a public interest litigation filed by Akhtar Ali, former Deputy Superintendent at RG Kar Hospital, alleging serious illegalities committed by Dr. Ghosh.
Appearing for Ghosh before the Apex Court, Senior Advocate Meenakshi Arora contended that it was a travesty of justice to connect Ghosh to the rape and murder. She further took objection to the word ‘nexus’ used by the High Court.
Arora further submitted that the petitioner before the High Court, Akhar Ali, was on the administrative side in RG Kar and after inquiry he was transferred to Murshidabad.
Calling it a clearly ‘motivated’ plea with a certain background, the counsel requested the top court of the country to view such petitions carefully.
However, the Bench said it need not give Ali a clean chit.
The Apex Court said it had directed the CBI to file status reports, adding that there would be a fair investigation in the case.
Appearing for the CBI, Solicitor General Tushar Mehta said the accused could not direct as to how the probe should proceed. The Court eventually proceeded to dismiss the plea.
Ghosh was the Principal of the RG Kar Medical College and Hospital at the time of rape and murder of a post-graduate trainee doctor on August 9. He had initially resigned from the post, but was immediately re-appointed by the State as principal of another college, the Calcutta National Medical College and Hospital.
The Calcutta High Court had reprimanded the West Bengal government over re-appointment of Ghosh. The former principal then chose to go on a long leave.
The High Court later ordered a CBI probe into the alleged financial irregularities at the college on a PIL filed by Akhtar Ali, former Deputy Superintendent of the hospital.