SC rejects ex-R G Kar Medical College principal Sandip Ghosh’s plea, says ‘no fetters can be put on investigation’

In his plea, Ali requested that ED probe into the alleged financial misconduct — embezzlement of government funds, trafficking of biomedical waste, nepotism and violation of procurement laws — at the institute, since January 2021. Ghosh and three others were arrested by the ED in the case, after which the state government suspended him.

Appearing for Ghosh, Senior Advocate Meenakshi Arora submitted before the bench that “this is a huge miscarriage against me” to connect Ghosh to the rape and murder of a junior doctor at R G Kar Hospital on August 9. Arora said that earlier two identical petitions had been dismissed.

However, the SC did not agree. “It can’t be disputed that you (Ghosh) were the principal of the college when the alleged offence took place… So, as an accused, you have no locus to intervene in a PIL where the HC is monitoring the probe or has transferred it to the CBI,” CJI Chandrachud said.

“I am saying please investigate. But linking the present probe, which is purely on a financial irregularity with the nexus as the HC uses the word with that of the rape is not right,” Arora stated.

“I didn’t want to say that. But that itself is a matter of investigation,” the CJI said. “Yes, both aspects,” said Justice Pardiwala.

Ghosh’s counsel submitted: “When I joined during the Covid period, I made certain changes to the education regime, requiring students to take exams because according to us, at that time, Covid was phasing out and promotions could not be done without exams. The students went on a strike.”

“Thereafter, there were orders passed by the HC, under which students apologised and classes resumed. There were two pleas on the same biomedical waste (matter) as PILs before the HC, which were dismissed. The third present plea, under which this order is passed, is filed by one Akhtar Ali,” Arora said. “Ali was earlier in-charge of the hospital’s administrative side. An enquiry was conducted against him… After that, the government transferred him to Murshidabad hospital.”

The CJI said: “We don’t have to give Akhtar Ali a clean chit… that is a separate issue altogether… These are not matters which we can dispose of on a technicality like this. The HC is in session. They have transferred the probe to the CBI. At this stage, you have no locus standi at all in this proceeding… Let’s not stultify the probe. We are asking the CBI to file status reports before us…”