RG Kar corruption case: HC rejects plea for postponement of framing of charges

Kolkata: The Calcutta High Court on Wednesday dismissed a petition by Sandip Ghosh, former principal of R G Kar Medical College and Hospital, to postpone framing of charges in a case of financial irregularities during his tenure.

Ghosh was the principal of the RG Kar Medical College and Hospital when a medic was raped and murdered inside its seminar room on August 9 last year, triggering outrage across the country.

Ghosh prayed for a direction to the special CBI court at Alipore here to postpone framing of charges against him, an accused in the case.

Dismissing his petition, Justice Tirthankar Ghosh said that the orders passed by the special court cannot be interfered with by the high court.

Representing the CBI, additional solicitor general Asok Kumar Chakrabarti opposed Ghosh's prayer claiming that the recalling application was not maintainable before the high court.

The ASG submitted that three of the five accused persons in the alleged graft case have filed discharge applications before the trial court.

He stated that Ghosh has not filed any such application before the lower court.

Ghosh's lawyer submitted that pursuant to the directions passed by the high court, the trial court has passed orders which have prejudiced the applicant.

It was stated that the period referred to by the HC has been differently interpreted by the special court on a deadline for framing of charges in the case.

The CBI, which was handed over the investigation in the case by the Calcutta High Court, last week produced all documents related to it before the special court.

During the proceedings on Tuesday, the special court judge said that a hearing for framing of charges against the accused persons in the case will commence on Wednesday.

The hearing for framing of the charges was adjourned by the trial court to Thursday.

Framing of charges in criminal proceedings is a stage where a court formally accuses a person of committing a particular offence based on prima facie evidence and allegations presented by the prosecution.

The high court had on January 28 directed the special court before which the matter is being heard to make all endeavours for framing of charges within one week from the next date of hearing before it.

The high court directed the special court to take into account the list of the witnesses and accordingly fix the schedule so that the trial of the case can be expedited and taken to its logical conclusion at the earliest.

The high court had ordered the CBI probe on a petition by former deputy superintendent of the state-run facility, Dr Akhtar Ali, who prayed for a probe by a central agency into alleged financial misconduct at the medical college hospital during the tenure of Ghosh as its principal.

Around three weeks after the medic's body was found, the CBI on September 2 last year arrested Ghosh and four others in connection with the alleged financial misconduct at the medical establishment.