The Supreme Court on Friday dismissed a petition by Sandip Ghosh, former principal of RG Kar Medical College and Hospital, challenging a Calcutta High Court ruling that denied his request to be added as a party in a case involving alleged financial irregularities at the institution during his tenure
A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra ruled that as an accused, Ghosh has no legal standing (locus standi) to intervene in the matter.
The Calcutta High Court, on August 23, had transferred the investigation into the alleged financial misconduct from a state-constituted Special Investigation Team (SIT) to the Central Bureau of Investigation (CBI).
“You were the principal when the incident occurred. As an accused, you have no locus to intervene in the PIL, where the Calcutta High Court is overseeing the investigation,” the bench stated.
RG Kar Medical College and Hospital has been embroiled in a political controversy and public protests following the rape and murder of a junior doctor on its premises. The doctor’s body, bearing severe injuries, was discovered on August 9 in the hospital’s seminar hall. A civic volunteer was arrested by Kolkata Police the next day.
Senior advocate Meenakshi Arora, representing Ghosh, clarified that her client was not opposing the CBI inquiry but was concerned about certain adverse remarks made by the High Court. She argued that the PIL filed by a former hospital staff member, Akhtar Ali, was primarily focused on biomedical waste management and had no direct connection to the incident in question. Arora questioned the High Court’s rationale for linking the two matters.
Solicitor General Tushar Mehta, representing the CBI, countered that an accused individual cannot dictate how an investigation should be conducted. The Supreme Court bench emphasized the importance of not hindering the investigation and noted that it was also asking the CBI to submit status reports.
The High Court’s August 23 order followed a petition by Akhtar Ali, a former deputy superintendent of the hospital, who sought a probe by the Enforcement Directorate (ED) into alleged financial misconduct under Ghosh’s leadership. The High Court had denied Ghosh’s request to be added to the case, stating that he was not a “necessary party.”
In its order, the High Court noted, “Given the apparent nexus between the allegations and the locus of the incident, and considering that the investigation has already been entrusted to the CBI, a comprehensive and unbiased inquiry requires that the current matter also be transferred to the CBI.”
On September 2, the CBI arrested Ghosh and three others in connection with the financial misconduct allegations. Ghosh, represented by advocate Siddhartha Chowdhury, subsequently appealed the High Court’s August 23 decision in the Supreme Court.
(With inputs from agency)
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