Now CBI to investigate financial irregularities in RG Kar Hospital

 HC transfers probe to Central agency from state-constituted SIT

PTI, KOLKATA, AUG 23, 2024: The Calcutta High Court on Friday ordered the transfer of the probe into the alleged financial irregularities at RG Kar Medical College and Hospital from a state-constituted Special Investigation Team (SIT) to the Central Bureau of Investigation (CBI). The decision came in response to a petition by former deputy superintendent of the facility, Akhtar Ali, who requested a probe by the Enforcement Directorate (ED) into alleged financial misconduct at the state-run institute during the tenure of its former principal, Sandip Ghosh.

Justice Rajarshi Bharadwaj directed the CBI to submit a progress report on the investigation within three weeks. The court has scheduled a follow-up hearing for September 17 to review the report and has ordered that the case diary and other relevant documents be handed over to the CBI by 10 am on Saturday. He also dismissed a prayer by Ghosh to be added as a party in Ali's petition, holding that he is not a "necessary party" in the matter.

The ex-principal's lawyer prayed for being given an opportunity to defend his client since serious allegations had been leveled against him by the former deputy superintendent. Claiming urgency, Ghosh's lawyer moved a division bench presided by Justice Harish Tandon against the order of the single bench, maintaining that he was not allowed to be a party in the case by it. The division bench, also comprising Justice Hiranmay Bhattacharyya, refused to grant any urgent hearing of his prayer.

Passing the order, Justice Bharadwaj observed that since the probe into the rape-murder of the woman doctor at the hospital has already been entrusted to the CBI, investigation into this matter ought to be similarly transferred to the same agency "in the interest of ensuring a comprehensive and unbiased inquiry." Maintaining that the case involves serious allegations of financial irregularities, the court ordered the transfer of investigation from the SIT to the CBI.

"Multiple agencies handling different aspects of the case could lead to inefficiencies or inconsistency for comprehensive justice, unnecessary delays in the judicial process, and potential misinterpretation of information, thereby undermining effective and credible enforcement," Justice Bharadwaj observed. The court said the investigation should, therefore, not be fragmented between different agencies, observing, "Handing over the investigation to the CBI ensures consistency."

Justice Bharadwaj rejected a prayer by the state for a stay of operation of the order. The West Bengal government had set up the SIT a few days after the gruesome incident in the hospital to probe alleged financial irregularities at the hospital. During Thursday's hearing, Justice Bharadwaj asked the state why the SIT was formed a year after the allegations of financial irregularities at the hospital had surfaced.

Ali claimed that he had complained about the alleged financial irregularities in the institute to state government authorities in 2023. Ghosh was removed as principal following public outcry over the rape-murder of the trainee doctor on August 9. The victim's body was found with severe injuries inside a seminar hall at the hospital. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day.