NEW DELHI: Supreme Court on Friday dismissed a petition by Sandip Ghosh , arrested ex-principal of RG Kar Medical College and Hospital, seeking to intervene in proceedings before Calcutta HC which had ordered CBI probe into an alleged scam in biomedical waste disposal in the hospital and whether it had a nexus with the rape-murder of a doctor on Aug 9.
"You (Ghosh) have no locus standi to intervene in the PIL. You were the principal when the alleged offence took place. The HC is not commenting on the merit of your involvement in corruption or the offence. Both are matters for investigation . As an accused, you have no locus standi to intervene in a PIL in which the HC has transferred the investigation to CBI and is monitoring it," a bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said.
SG: Accused can’t direct how probe has to be conducted
For the ex-principal, senior advocate Meenakshi Arora said her client was prejudiced by the HC observation indicating a nexus between the offence on Aug 9 and the alleged medical scam. The CJI said, "That is itself a matter of investigation."
Solicitor general Tushar Mehta and additional solicitor general S V Raju said the alleged nexus was the precise matter for investigation by CBI. Arora vociferously argued that the probe into financial irregularity and rape-murder case should be done separately and criticised the HC for drawing a nexus between the two cases.
Both Mehta and Raju said an accused could not decide or direct how the investigation was to be conducted by CBI and could never be permitted to put fetters on the probe. CJI Chandrachud agreed and said even courts could not direct a particular course of investigation. "Let us not stultify the investigation. We (SC) have also asked CBI to file status reports before us. As the highest court is looking into the matter, it will ensure that the investigation is fair. CBI will apprise us of what emerges during investigation," the CJI said.
Arora tried to narrate why students, who have been agitating against the rape-murder of their colleague, were inimical towards Ghosh. She said Ghosh joined as principal in 2021 and had stopped the Covid-period practice of promoting students without examination. On financial irregularities in the hospital as alleged by the PIL, Arora said the plea was filed by ex-deputy superintendent of RG Kar Hospital Akhtar Hussain as a counter to the show cause notices he was served for lapses leading to his transfer to Murshidabad.
The bench said it was not giving Hussain a clean chit. Arora said similar petitions alleging financial irregularities in disposal of biomedical waste had been dismissed earlier by the HC and argued that it could not continue to entertain petition after petition without being restrained by the principle of 'res judicata' (a matter that has been finally decided).
"These are not matters which we can dispose of on a technicality. Three PILs were dismissed by the HC. But now it has entrusted the probe to CBI. At this stage, you do not have locus at all," the CJI said.
Arora responded, "When the PIL only alleged irregularities in biomedical waste, and did not draw any nexus with the Aug 9 offence, could the HC pass an order terming there is apparent nexus?" The CJI-led bench said, "The issue of biomedical waste is a trigger. The HC wishes that the entire matter is pursued to its logical conclusion."
"You (Ghosh) have no locus standi to intervene in the PIL. You were the principal when the alleged offence took place. The HC is not commenting on the merit of your involvement in corruption or the offence. Both are matters for investigation . As an accused, you have no locus standi to intervene in a PIL in which the HC has transferred the investigation to CBI and is monitoring it," a bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said.
SG: Accused can’t direct how probe has to be conducted
For the ex-principal, senior advocate Meenakshi Arora said her client was prejudiced by the HC observation indicating a nexus between the offence on Aug 9 and the alleged medical scam. The CJI said, "That is itself a matter of investigation."
Solicitor general Tushar Mehta and additional solicitor general S V Raju said the alleged nexus was the precise matter for investigation by CBI. Arora vociferously argued that the probe into financial irregularity and rape-murder case should be done separately and criticised the HC for drawing a nexus between the two cases.
Both Mehta and Raju said an accused could not decide or direct how the investigation was to be conducted by CBI and could never be permitted to put fetters on the probe. CJI Chandrachud agreed and said even courts could not direct a particular course of investigation. "Let us not stultify the investigation. We (SC) have also asked CBI to file status reports before us. As the highest court is looking into the matter, it will ensure that the investigation is fair. CBI will apprise us of what emerges during investigation," the CJI said.
Arora tried to narrate why students, who have been agitating against the rape-murder of their colleague, were inimical towards Ghosh. She said Ghosh joined as principal in 2021 and had stopped the Covid-period practice of promoting students without examination. On financial irregularities in the hospital as alleged by the PIL, Arora said the plea was filed by ex-deputy superintendent of RG Kar Hospital Akhtar Hussain as a counter to the show cause notices he was served for lapses leading to his transfer to Murshidabad.
The bench said it was not giving Hussain a clean chit. Arora said similar petitions alleging financial irregularities in disposal of biomedical waste had been dismissed earlier by the HC and argued that it could not continue to entertain petition after petition without being restrained by the principle of 'res judicata' (a matter that has been finally decided).
"These are not matters which we can dispose of on a technicality. Three PILs were dismissed by the HC. But now it has entrusted the probe to CBI. At this stage, you do not have locus at all," the CJI said.
Arora responded, "When the PIL only alleged irregularities in biomedical waste, and did not draw any nexus with the Aug 9 offence, could the HC pass an order terming there is apparent nexus?" The CJI-led bench said, "The issue of biomedical waste is a trigger. The HC wishes that the entire matter is pursued to its logical conclusion."
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