RG Kar case: Supreme Court rejects plea by ex-principal against Calcutta High Court observations

The Supreme Court on Friday rejected a plea filed by the former principal of RG Kar Medical College and Hospital, Dr. Sandip Ghosh, against the against Calcutta High Court observations linking him to the recent rape and murder of a 31-year-old resident doctor at the hospital [Sandip Ghosh v State of West Bengal and ors].A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra today said that Dr. Ghosh, as a possible accused, does not have the locus to intervene in the PIL in which the High Court had made adverse observations against him."You were a principal of the college when the incident took place. High Court has not commented on corruption or the crime. But as an accused you have no locus to intervene in the PIL," the top court said..The observations under challenge were made by the High Court on August 23 while ordering a probe by the Central Bureau of Investigation (CBI) probe into financial irregularities at the institute.The High Court order was passed on a public interest litigation filed by Akhtar Ali, the former Deputy Superintendent at RG Kar Hospital, alleging serious illegalities committed by Dr. Ghosh.This led to the appeal by Dr. Ghosh before the top court. Senior Advocate Meenakshi Arora, appearing for Ghosh, said that it was a travesty of justice to connect Dr. Ghosh to the rape and murder."The observations made in para 15 I am deeply aggrieved. There is an allegation of financial irregularity but to connect me with the RG Kar rape and murder by CBI is a huge travesty of justice," she said."You have no locus in intervening in this PIL," the CJI remarked."Please investigate me but to link me with the 'nexus' of the rape is incorrect. Nexus is what High Court says," Arora replied."That is exactly the matter of investigation," the CJI shot back.Arora said that the petitioner before the High Court, Akhar Ali, himself had not come with clean hands since he had been transferred out "This plea was filed by Akhtar Ali and he was on the administrative side in RG Kar and after inquiry he was transferred to Murshidabad. The plea is clearly motivated with a certain background then such petitions have to be seen carefully," Arora argued."We do not have to give Ali a clean chit," the Court said.The Court also assured that there will be a fair probe. "Let us not stultify the investigation and we have asked CBI to file status reports and with Supreme Court looking into this will ensure that there is fair investigation. These are all prima facie observations," the Court remarked.Solicitor General Tushar Mehta, representing the CBI, said that the accused cannot direct as to how probe should proceed.The Court eventually proceeded to dismiss the plea..Dr. Ghosh, who was heading the RG Kar college at the time of rape and murder, had initially resigned from the post after the outrage. However, he was immediately re-appointed by the State as principal of another college, the Calcutta National Medical College and Hospital.The Calcutta High Court had taken strong exception to the same and berated the State for reappointment of Dr. Ghosh. Subsequently, Dr. Ghosh decided to go on long leave. The High Court later ordered a CBI probe into the alleged financial irregularities at the college on a PIL filed by Akhtar Ali, its former Deputy Superintendent.