The Calcutta High Court ruled that Sandip Ghosh, former principal of R G Kar Medical College, must be given reasonable time before charges in a financial irregularities case are framed. The court emphasized due process while fast-tracking the trial, allowing for a one-week extension to prepare a defense and monitor proceedings closely.
Kolkata: The Calcutta High Court on Thursday ruled that reasonable time must be given to Sandip Ghosh, former principal of R G Kar Medical College and Hospital, before charges are framed against him in a financial irregularities case.
Ghosh, who was the principal when a medic was raped and murdered inside the college’s seminar room on August 9 last year, had sought a postponement of the charge-framing process. The case had triggered nationwide outrage.
A division bench, including Justice Subhendu Samanta, acknowledged the need for a fast-tracked trial but emphasized that “every accused has a right to go through the due process of law”. It noted that the accused must be allowed to prepare a defense before charges are framed.
Ghosh had challenged a single bench order that denied his plea for more time. His lawyer argued that the CBI provided thousands of pages of documents only on February 1, while the special court had scheduled charge framing for February 4, leaving just four days for review.
The division bench asked whether requesting more time to study legal documents was unjust, but Justice Bagchi warned Ghosh’s counsel that he cannot delay the trial proceedings.
The court proposed a one-week extension, allowing the accused to file a discharge petition if he wished. It also stated that the division bench would monitor the special CBI court’s proceedings at Alipore to ensure that all discharge petitions are heard within seven days.
The court urged counsels for the accused and the Additional Solicitor General representing the CBI to work out a reasonable timeframe for charge framing.
The High Court set a deadline of seven days for taking up the matter of charge constitution. If any discharge petitions are filed, they must be heard and decided within seven days. If the petitions are dismissed, charges will be formally framed before the special CBI court.
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Of the five accused in the case, three have already filed discharge petitions. However, Ghosh has not filed any so far.
The division bench announced that it would review the case in three weeks, with the CBI submitting a progress report on that date.
Justice Bagchi emphasized,
“We do not want a situation where justice hurried is justice buried, but at the same time, we will keep the entire proceeding under our strict supervision.”
The court aims to start the trial quickly and has directed the CBI to present a trial schedule after charges are framed, ensuring prosecution evidence is concluded in a reasonable time.
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