SC dismisses RG Kar’s ex-principle Sandip Ghosh’s plea: ‘Biomedical waste issue is a trigger’

The Supreme Court dismissed a petition filed by former principal of Kolkata's RG Kar Medical College and Hospital, Sandip Ghosh, on Friday. Ghosh had challenged a Calcutta High Court decision that ordered an investigation by the Central Bureau of Investigation (CBI) into his alleged financial irregularities during his controversial tenure at the hospital.

Ghosh is currently under the CBI custody. The allegation of financial irregularities against Sandip Ghosh came to light after a 31-year trainee doctor was found dead in the seminar hall of the RG Kar Medical College and Hospital on August 9.

A former deputy superintendent of the facility, Akhtar Ali, levelled a slew of allegations against Ghosh and requested a probe by the Enforcement Directorate into alleged financial misconduct at the hospital during the tenure of Ghosh.

Ali alleged that Ghosh sold bio-medical waste, such as gloves and syringes, to his Bangladeshi contacts in contravention of rules which stipulate that such waste can only be handed out to authorised centres for proper disposal and recycling, News18 reported.

Ali repeatedly said he had complained to the vigilance department, among others, about Ghosh in 2023, but no action was taken.

What did SC say today?

A bench of Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra said as an accused Ghosh has no locus to impleaded in the plea.

During the hearing, CJI Chandrachud said the court has to be circumspect. "...the issue of biomedical waste is a trigger and that is why the high court wants this matter to reach a conclusion," CJI Chandrachud was quoted by Bar and Bench.

The CJI said the court has asked the CBI to file status reports and the Supreme Court will then look into this to ensure that there is fair investigation. "These are all prima facie observations," he said.

The Supreme Court also said it has not given Ali "a clean chit".

"These matters could not be disposed of on a technicality. Akhtar Ali can be subject matter of inquiry," the bench added.

According to Live Law, the advocate appearing on behalf of Ghosh urged that the Biomedical matter be investigated separately. To this, the Solicitor General said, "The accused cannot direct the way in which investigation is to take place."

On August 23, the Calcutta High Court ordered the transfer of the probe into the alleged financial irregularities from a state-constituted Special Investigation Team (SIT) to the CBI.

The murder and alleged rape of a junior doctor at the state-run RG Kar College and Hospital has sparked nationwide protests. The medic's body with severe injury marks was found in the seminar hall of the hospital's chest department on August 9. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day.