“You have no locus to intervene…”: Supreme Court Dismisses Ex RG Kar Principal Sandip Ghosh's Petition Against CBI Investigation

“You have no locus to intervene…”: Supreme Court Dismisses Ex RG Kar Principal Sandip Ghosh's Petition Against CBI Investigation

Titas Mukherjee     Sep 06, 2024 02:28 pm

The Supreme Court on Friday dismissed a petition filed by Sandip Ghosh, the former principal of RG Kar Medical College and Hospital. Ghosh had challenged the Calcutta High Court's decision to transfer the investigation into alleged financial irregularities at the institution to the Central Bureau of Investigation (CBI).

A bench led by Chief Justice of India (CJI) D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, ruled that Ghosh, as an accused, lacked the standing to intervene in the case. “As an accused, you have no locus to intervene in a PIL where the High Court is monitoring the investigation or has transferred the investigation to the CBI,” noted CJI Chandrachud.

Senior Advocate Meenakshi Arora, representing Ghosh, argued that the petition was not against the investigation itself but was concerned with certain adverse remarks made by the High Court. She contended that linking the financial irregularities to the rape and murder of a trainee doctor on August 9 was unjust.

CJI Chandrachud emphasized that Ghosh’s role as principal during the alleged offences could not be overlooked. He remarked, “It cannot be disputed that you were the principal of the college at the time when the alleged offence took place.” The Chief Justice also noted that the linkage of financial irregularities to the rape and murder case was a matter for the CBI to investigate further.

Arora tried to shift focus to Akhtar Ali’s past administrative issues, but the CJI clarified, “We do not have to give Akhtar Ali a clean chit…that is a separate issue altogether.” The Supreme Court declined to expunge the High Court’s observations, instead stressing the importance of a comprehensive investigation. CJI Chandrachud concluded, “Let the CBI appraise us in the status report. These observations have to be examined in the context of the ongoing investigation.”

The Calcutta High Court had ordered the transfer of the investigation to the CBI following a petition by Akhtar Ali, a former deputy superintendent at RG Kar Hospital. Ali sought an Enforcement Directorate (ED) probe into allegations of financial misconduct, including embezzlement, trafficking of biomedical waste, and bribery.

Earlier this week, the CBI arrested Ghosh and three others, including his security guard and two hospital vendors, in connection with the investigation. The ED also conducted raids at multiple locations in Kolkata, including Ghosh’s residence.​

Reported By: Titas Mukherjee     Place: Kolkata     Sep 06, 2024 02:28 pm




Place : Kolkata     Reported By : Titas Mukherjee     06-09-2024 02:28:08 pm

The Supreme Court on Friday dismissed a petition filed by Sandip Ghosh, the former principal of RG Kar Medical College and Hospital. Ghosh had challenged the Calcutta High Court's decision to transfer the investigation into alleged financial irregularities at the institution to the Central Bureau of Investigation (CBI).

A bench led by Chief Justice of India (CJI) D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, ruled that Ghosh, as an accused, lacked the standing to intervene in the case. “As an accused, you have no locus to intervene in a PIL where the High Court is monitoring the investigation or has transferred the investigation to the CBI,” noted CJI Chandrachud.

Senior Advocate Meenakshi Arora, representing Ghosh, argued that the petition was not against the investigation itself but was concerned with certain adverse remarks made by the High Court. She contended that linking the financial irregularities to the rape and murder of a trainee doctor on August 9 was unjust.

CJI Chandrachud emphasized that Ghosh’s role as principal during the alleged offences could not be overlooked. He remarked, “It cannot be disputed that you were the principal of the college at the time when the alleged offence took place.” The Chief Justice also noted that the linkage of financial irregularities to the rape and murder case was a matter for the CBI to investigate further.

Arora tried to shift focus to Akhtar Ali’s past administrative issues, but the CJI clarified, “We do not have to give Akhtar Ali a clean chit…that is a separate issue altogether.” The Supreme Court declined to expunge the High Court’s observations, instead stressing the importance of a comprehensive investigation. CJI Chandrachud concluded, “Let the CBI appraise us in the status report. These observations have to be examined in the context of the ongoing investigation.”

The Calcutta High Court had ordered the transfer of the investigation to the CBI following a petition by Akhtar Ali, a former deputy superintendent at RG Kar Hospital. Ali sought an Enforcement Directorate (ED) probe into allegations of financial misconduct, including embezzlement, trafficking of biomedical waste, and bribery.

Earlier this week, the CBI arrested Ghosh and three others, including his security guard and two hospital vendors, in connection with the investigation. The ED also conducted raids at multiple locations in Kolkata, including Ghosh’s residence.​

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