The Supreme Court will hear petition filed by former Principal of RG Kar Medical College and Hospital Sandip Ghosh, challenging the Calcutta High Court order, which transferred the probe into alleged irregularities in the tender processes and mismanagement by Ghosh to the Central Bureau of Investigation (CBI) on friday.
The matter will be heard by a Bench led by Chief Justice of India DY Chandrachud on September 6.
On August 23, the High Court had transferred the investigation into the alleged financial irregularities from a state-constituted Special Investigation Team (SIT) to the Central Bureau of Investigation.
The High Court passed the order on a petition filed by former Deputy Superintendent at RG Kar Medical College and Hospital, Akhtar Ali.
Ali moved the High Court seeking a probe by the Directorate of Enforcement (ED) into the alleged illegalities and irregularities committed by Ghosh.
Ali alleged in his petition that Ghosh started serious illegalities, such as mismanagement of dead bodies, reselling bio-waste in the open market, and misutilization of public funds during his tenure as Principal of the RG Kar Medical College and Hospital.
The Bench further dismissed Ghosh’s plea to be added as a party in the petition, holding that he was not a ‘necessary’ party in the matter.
The High Court observed that in light of the apparent nexus between the allegations and the locus of the incident, and considering that the investigation in the case (of murder and rape) had already been entrusted to the CBI, in the interest of ensuring a comprehensive and unbiased inquiry, the investigation into the present matter ought to be similarly transferred to the CBI.
Ghosh was the Principal of the Hospital, where the brutal rape and murder of a post-graduate trainee doctor took place on August 9. On August 13, the High Court transferred the investigation relating to the doctor’s death to CBI.
CBI arrested Ghosh and three others on September 2, 2024, in connection with the alleged financial misconduct at the establishment.
The High Court had earlier questioned why the State only initiated an SIT probe after the unfortunate incident on August 9, when many complaints had been filed earlier.
Earlier, the court permitted CBI to conduct a polygraph test on Ghosh in connection with the doctor’s rape and murder case.
The petitioner contended before the Apex Court that the investigation was transferred by the High Court without giving him an opportunity to be heard.
He submitted that he was aggrieved by the High Court’s observations apparently linking the corruption allegations against him to the incident at the hospital.