NEW DELHI: Supreme Court on Friday dismissed a petition by Sandip Ghosh, arrested ex-principal of RG Kar Medical College and Hospital, looking for to intervene in proceedings earlier than Calcutta HC which had ordered CBI probe into an alleged rip-off in biomedical waste disposal within the hospital and whether or not it had a nexus with the rape-murder of a physician on Aug 9.
“You (Ghosh) don’t have any locus standi to intervene within the PIL.You have been the principal when the alleged offence befell. The HC isn’t commenting on the advantage of your involvement in corruption or the offence. Each are issues for investigation. As an accused, you don’t have any locus standi to intervene in a PIL by 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 stated.
SG: Accused can’t direct how probe needs to be performed
For the ex-principal, senior advocate Meenakshi Arora stated her consumer was prejudiced by the HC commentary indicating a nexus between the offence on Aug 9 and the alleged medical rip-off. The CJI stated, “That’s itself a matter of investigation.”
Solicitor normal Tushar Mehta and extra solicitor normal S V Raju stated the alleged nexus was the exact matter for investigation by CBI. Arora vociferously argued that the probe into monetary irregularity and rape-murder case ought to be performed individually and criticised the HC for drawing a nexus between the 2 circumstances.
Each Mehta and Raju stated an accused couldn’t determine or direct how the investigation was to be performed by CBI and will by no means be permitted to place fetters on the probe. CJI Chandrachud agreed and stated even courts couldn’t direct a selected course of investigation. “Allow us to not stultify the investigation. We (SC) have additionally requested CBI to file standing reviews earlier than us. As the best courtroom is wanting into the matter, it’s going to be certain that the investigation is honest. CBI will apprise us of what emerges throughout investigation,” the CJI stated.
Arora tried to relate why college students, who’ve been agitating in opposition to the rape-murder of their colleague, have been inimical in direction of Ghosh. She stated Ghosh joined as principal in 2021 and had stopped the Covid-period observe of selling college students with out examination. On monetary irregularities within the hospital as alleged by the PIL, Arora stated the plea was filed by ex-deputy superintendent of RG Kar Hospital Akhtar Hussain as a counter to the present trigger notices he was served for lapses resulting in his switch to Murshidabad.
The bench stated it was not giving Hussain a clear chit. Arora stated related petitions alleging monetary irregularities in disposal of biomedical waste had been dismissed earlier by the HC and argued that it couldn’t proceed to entertain petition after petition with out being restrained by the precept of ‘res judicata’ (a matter that has been lastly determined).
“These will not be issues which we will eliminate on a technicality. Three PILs have been dismissed by the HC. However now it has entrusted the probe to CBI. At this stage, you would not have locus in any respect,” the CJI stated.
Arora responded, “When the PIL solely alleged irregularities in biomedical waste, and didn’t draw any nexus with the Aug 9 offence, might the HC go an order terming there’s obvious nexus?” The CJI-led bench stated, “The problem of biomedical waste is a set off. The HC needs that your entire matter is pursued to its logical conclusion.”
“You (Ghosh) don’t have any locus standi to intervene within the PIL.You have been the principal when the alleged offence befell. The HC isn’t commenting on the advantage of your involvement in corruption or the offence. Each are issues for investigation. As an accused, you don’t have any locus standi to intervene in a PIL by 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 stated.
SG: Accused can’t direct how probe needs to be performed
For the ex-principal, senior advocate Meenakshi Arora stated her consumer was prejudiced by the HC commentary indicating a nexus between the offence on Aug 9 and the alleged medical rip-off. The CJI stated, “That’s itself a matter of investigation.”
Solicitor normal Tushar Mehta and extra solicitor normal S V Raju stated the alleged nexus was the exact matter for investigation by CBI. Arora vociferously argued that the probe into monetary irregularity and rape-murder case ought to be performed individually and criticised the HC for drawing a nexus between the 2 circumstances.
Each Mehta and Raju stated an accused couldn’t determine or direct how the investigation was to be performed by CBI and will by no means be permitted to place fetters on the probe. CJI Chandrachud agreed and stated even courts couldn’t direct a selected course of investigation. “Allow us to not stultify the investigation. We (SC) have additionally requested CBI to file standing reviews earlier than us. As the best courtroom is wanting into the matter, it’s going to be certain that the investigation is honest. CBI will apprise us of what emerges throughout investigation,” the CJI stated.
Arora tried to relate why college students, who’ve been agitating in opposition to the rape-murder of their colleague, have been inimical in direction of Ghosh. She stated Ghosh joined as principal in 2021 and had stopped the Covid-period observe of selling college students with out examination. On monetary irregularities within the hospital as alleged by the PIL, Arora stated the plea was filed by ex-deputy superintendent of RG Kar Hospital Akhtar Hussain as a counter to the present trigger notices he was served for lapses resulting in his switch to Murshidabad.
The bench stated it was not giving Hussain a clear chit. Arora stated related petitions alleging monetary irregularities in disposal of biomedical waste had been dismissed earlier by the HC and argued that it couldn’t proceed to entertain petition after petition with out being restrained by the precept of ‘res judicata’ (a matter that has been lastly determined).
“These will not be issues which we will eliminate on a technicality. Three PILs have been dismissed by the HC. However now it has entrusted the probe to CBI. At this stage, you would not have locus in any respect,” the CJI stated.
Arora responded, “When the PIL solely alleged irregularities in biomedical waste, and didn’t draw any nexus with the Aug 9 offence, might the HC go an order terming there’s obvious nexus?” The CJI-led bench stated, “The problem of biomedical waste is a set off. The HC needs that your entire matter is pursued to its logical conclusion.”
