[BREAKING] “Accused Lacks Standing to Intervene in PIL During HC Investigation”: CJI Dismisses RG Kar’s Sandip Ghosh’s Plea Against Cal HC Order

CJI Chandrachud Today (Sept 6) dismissed the plea of Sandip Ghosh, the former principal of RG Kar Medical College, challenging a Calcutta High Court order. Ghosh had sought to intervene in a public interest litigation (PIL) that alleges financial irregularities at the college during his tenure. The CJI ruled that, as an accused individual, Ghosh does not have the legal standing to join the PIL, particularly because the High Court is already supervising the investigation into the allegations.

Thank you for reading this post, don't forget to subscribe!

New Delhi: The Chief Justice of India (CJI) D Y Chandrachud today rejected the plea of Sandip Ghosh, the former principal of RG Kar Medical College, who sought to challenge a Calcutta High Court decision.

Former RG Kar Medical College and Hospital Principal Sandip Ghosh, who has found himself at the center of a storm after a trainee doctor was raped and murdered at the institution last month, challenging a Calcutta High Court order transferring the investigation into the corruption case against him to the Central Bureau of Investigation (CBI). 

Ghosh had requested to be added as a party in a public interest litigation (PIL) that involves allegations of financial irregularities at the medical college during his tenure.

The CJI’s ruling clarified that as an accused individual, Ghosh does not possess the standing to intervene in the PIL. This decision is particularly noteworthy given that the High Court is actively overseeing the investigation into the alleged financial misconduct.

“As an accused, you do not have the standing to intervene in the PIL, especially when the High Court is overseeing the investigation.”

-CJI

Advocate Meenakshi Arora, representing Ghosh, argued during the hearing, stating,

“the observation by HC calling it a nexus is affecting me in the investigation.”

She expressed concern that the High Court’s remarks were influencing the ongoing inquiry.

In response, CJI commented-

“We have asked for an investigation report and even we cannot direct the CBI on how to investigate.”

This statement emphasized the judiciary’s stance of non-interference in the investigative process being conducted by the Central Bureau of Investigation (CBI).

Solicitor General (SG) also weighed in, reinforcing the idea that

“the accused can never direct in which direction the investigation should take place,”

-thereby maintaining that the direction and scope of the investigation should remain unbiased and independent, unaffected by the demands or desires of the accused parties.

The Calcutta High Court had ordered the transfer of the investigation into the alleged financial irregularities at the state-run hospital, where Ghosh had been the principal since 2021 – with a brief hiatus in between – from a special investigation team to the CBI on August 23.

The order had come after a former deputy superintendent of the facility, Dr Akhtar Ali, had sought an investigation into the alleged irregularities during Ghosh’s tenure as the head of the hospital. 

Dr. Ghosh challenged a ruling by the Calcutta High Court, which dismissed his request to be included as a party in an ongoing case. This case concerns allegations of financial irregularities at the institution during the period of his tenure as principal.

The Calcutta High Court had previously rejected Dr. Ghosh’s plea, preventing him from participating in a petition that seeks to investigate potential financial misconduct at RG Kar Medical College and Hospital. Dr. Ghosh, in response, moved the Supreme Court, seeking to overturn this decision and be granted the opportunity to present his perspective in the ongoing investigation.

Ghosh was arrested by the CBI in the case on Monday after being questioned several times in a span of two weeks. Three other people – vendors Biplav Singha and Suman Hazara, and Afsar Ali, a security guard – were also taken into custody.

Ghosh was sent to the CBI’s custody for eight days and the West Bengal government, which has been under fire over its handling of the rape case and a posting given to the former RG Kar principal after he resigned following the rape and murder, suspended him on Tuesday. 

BACKGROUND

Sandip Ghosh, On Wednesday (Sept 4), the former principal of RG Kar Medical College and Hospital, filed a challenge against the Calcutta High Court’s decision to transfer the corruption investigation against him to the Central Bureau of Investigation (CBI).

Previously, on August 23, the Calcutta High Court ordered that the investigation into alleged financial misconduct at RG Kar Hospital be transferred from a state-formed Special Investigation Team (SIT) to the CBI. The CBI subsequently arrested Ghosh and three others in connection with the suspected financial irregularities at the hospital.

This case gained further attention following the alleged rape and murder of a trainee doctor at the hospital last month, leading to increased scrutiny of its administration.

Ghosh served as the principal of RG Kar Medical College from February 2021 to September 2023. After being transferred from his position in October, he returned unexpectedly within a month and remained in the role until the trainee doctor’s death. The other three individuals arrested alongside Ghosh include his security guard, Afsar Ali (44), and two hospital vendors, Biplav Singha (52) and Suman Hazara (46).

The doctor argued,

“The principles of natural justice were not adhered .”

He also requested,

“Certain remarks be removed from the record.”

The Calcutta High Court’s directive came in response to a petition filed by Dr. Akhtar Ali, the former deputy superintendent of RG Kar Medical College. In his petition, Ali called on the Enforcement Directorate (ED) to investigate multiple instances of alleged financial irregularities at the government-run institution during Ghosh’s tenure as principal.

In his petition to the court, Dr. Akhtar Ali claimed that he filed complaints with the state vigilance commission and the anti-corruption bureau over a year ago, accusing Sandip Ghosh of misconduct. However, instead of addressing his concerns, Ali himself transferred from RG Kar Medical College.

He approached the High Court amid growing speculation about whether the widespread corruption at the institution was linked to the death of the RG Kar medic, as the victim reportedly aware of these irregularities and had threatened to expose them.

Sandip Ghosh’s arrest marks the second significant one at the hospital since August 9.

Previously, a Kolkata Police civic volunteer, Sanjoy Roy, was taken into custody by the police and later handed over to a central agency in connection with the medic’s alleged rape and murder.

In his petition, Ali accused Ghosh of engaging in illegal activities, such as selling unclaimed bodies, trafficking biomedical waste, and awarding contracts in exchange for commissions from suppliers of medicine and medical equipment. He also claimed that students were coerced into paying sums between Rs. 5 and 8 lakhs to pass their exams.

Click Here to Read Previous Reports on RG Kar Rape-Murder

Click Here to Read Previous Reports on Sandip Ghosh

FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES