New Delhi: Supreme Court dismissed a petition by Sandip Ghosh, arrested ex-principal of RG Kar medical college, seeking to intervene in proceedings before Calcutta HC. The HC had ordered CBI to probe an alleged scam in biomedical waste disposal in the institute and whether this was linked to the rape-murder of a doctor on Aug 9.
“You (Ghosh) 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 probe to CBI and is monitoring it,” SC said. “Let’s not stultify the investigation. As the highest court is looking into the matter, it will ensure that the investigation is fair,” CJI DY Chandrachud said.
For the ex-principal, senior advocate Meenakshi Arora said her client was prejudiced by the HC observation indicating a nexus between the offence (rape-murder) on Aug 9 and the alleged medical scam. The CJI said, “That (nexus) 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. 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.
