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Sandip Ghosh, the former principal of RG Kar Medical College and Hospital in Kolkata, finds himself entangled in a legal battle against the Central Bureau of Investigation (CBI). Ghosh has filed a petition in the Supreme Court challenging the transfer of the investigation into alleged financial irregularities during his tenure to the CBI. This legal challenge comes just days after his arrest by the CBI on September 2 in connection with the case.
The crux of Ghosh's argument lies in the contention that the Calcutta High Court's decision to transfer the probe to the CBI on August 23 was made without affording him a fair hearing, thereby violating the principles of natural justice. He asserts that he was excluded from the process despite not being a necessary party in the original writ petition. Ghosh maintains that his side should have been considered before the transfer as the outcome directly impacts his rights.
Ghosh further criticizes the High Court's decision to link the alleged financial irregularities with the criminal investigation into the rape and murder of a 31-year-old doctor at the hospital on August 9. He argues that the two cases are distinct and that the court erred in assigning the financial probe to the CBI simply because the agency was already investigating the criminal case.
The Supreme Court, led by Chief Justice of India Dhananjaya Y Chandrachud, is scheduled to hear Ghosh's petition on September 6. This bench is also overseeing the suo motu proceedings regarding the doctor's rape and murder and has been monitoring the associated investigations. Ghosh's arrest marks the first CBI arrest since it took over the investigation into the doctor's murder, though it pertains to the financial irregularities case.
Ghosh faces multiple accusations, including illegally using bodies for research, unauthorized sale of biomedical waste, and several financial irregularities, such as awarding contracts without proper tenders. The Enforcement Directorate (ED) has also registered a money laundering case against Ghosh based on the CBI's findings. Additionally, the Kolkata Police has filed two First Information Reports (FIRs) against him.
The Calcutta High Court, in its August 23 order, transferred the corruption probe against Ghosh to the CBI, criticizing the West Bengal government for setting up a Special Investigation Team (SIT) to look into the matter a year after the allegations surfaced. The court's decision was based on a plea by Akhtar Ali, a former deputy superintendent of the medical college, who sought an ED investigation into Ghosh's alleged financial misconduct. Ali pointed out that the SIT was formed only after the doctor's tragic death.
The High Court justified its decision by citing an 'apparent nexus' between the allegations against Ghosh and the locus of the crime, which necessitated a unified investigation by a single agency. The court emphasized the potential inefficiencies, delays, and misinterpretations that could arise from splitting the investigation between multiple agencies, thereby undermining effective enforcement. The transfer of the investigation to the CBI was deemed crucial to ensure consistency.
Source: Former RG Kar medical college principal challenges CBI probe in Supreme Court