Former RG Kar medical college principal challenges CBI probe in Supreme Court

Sandip Ghosh has challenged the transfer of the investigation into alleged financial irregularities during his tenure at the RG Kar Medical College and Hospital in Kolkata to the Central Bureau of Investigation

Sandip Ghosh, the former principal of RG Kar Medical College and Hospital in Kolkata, has approached the Supreme Court challenging the transfer of the investigation into alleged financial irregularities during his tenure to the Central Bureau of Investigation (CBI).

Sandip Ghosh being taken to Alipore judges district and session court in in Kolkata on Tuesday. (ANI)

Ghosh, who filed his petition on August 27, is set to be heard by the Supreme Court on September 6. However, before the hearing, he was arrested by the CBI on September 2 in connection with the case. His arrest follows widespread public outrage over his handling of the brutal rape and murder of a 31-year-old doctor at the hospital on August 9—an incident that has sparked national protests and outrage across West Bengal.

In his petition, Ghosh argued that the Calcutta high court had transferred the probe to the CBI on August 23 without giving him a fair hearing, thus violating the principles of natural justice. He contended that the high court wrongfully excluded him from being heard, citing that he was neither a necessary nor a proper party in the original writ petition. Ghosh asserted that the court should have considered his side before transferring the investigation, as the outcome directly affected his rights.

Ghosh also challenged the high court’s decision to link the alleged financial irregularities with the criminal investigation into the rape and murder, both being probed by the CBI. He maintained that the two cases were separate 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 bench, led by Chief Justice of India Dhananjaya Y Chandrachud and including justices JB Pardiwala and Manoj Misra, is expected to take up 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.

On Monday, Ghosh was questioned by the CBI for the fifteenth consecutive day before being arrested at the agency’s Nizam Palace office in Kolkata. He faces charges of cheating and violations under the Prevention of Corruption Act. Alongside Ghosh, three others have been arrested on similar charges.

Ghosh is accused of various crimes, including illegally using bodies for research, unauthorised 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.

This marks the first CBI arrest since it took over the investigation into the doctor’s brutal murder, although Ghosh’s arrest pertains to the financial irregularities case.

A Kolkata Police civic volunteer, Sanjoy Roy, was arrested by the city police a day after the crime and handed over to the CBI on August 13.

The Calcutta high court, in its August 23 order, transferred the corruption probe against Ghosh to the CBI, while criticising 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 was acting 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 only formed 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 directs that the investigation be transferred to the CBI, given the serious nature of the allegations. Splitting the investigation between multiple agencies could lead to inefficiencies, delays, and potential misinterpretation of information, thereby undermining effective enforcement. Handing over the investigation to the CBI ensures consistency,” the high court stated in its order.