Calcutta High Court: In a petition filed by the former Deputy Superintendent (Non-Medical) at the R.G. Kar Medical College and Hospital, Kolkata, demanding an explanation for the constitution of a Special Investigation Team (‘SIT’) to investigate the allegations made by him only after the rape and murder of a young doctor on 09-08-2024, a Single Judge Bench of Rajarshi Bharadwaj, J. considered the apparent nexus between the incident and the allegations made and transferred the present matter to the Central Bureau of Investigation (‘CBI’).
Background
The former Deputy Superintendent submitted that to expose the persistent irregularities in the ethical practices and operations of the R.G. Kar Medical College and Hospital from 2020 to 2023, he made a complaint on 13-07-2023 to the Deputy Inspector General of Police, Anticorruption Branch, West Bengal.
The complaint was made against the then principal Dr. Sandip Ghosh, Dr. Sanjoy Vashisth, MSVP, and Dr. Debasis Som, demonstrator of Forensic Medicine and Toxicology for massive corruption, illegal transfer of Officers for money, misutilization of Government funds, and selling of used hazardous bio-medical wastes.
The former Deputy Superintendent provided documentary evidence to corroborate his claims and requested the police authorities to conduct a comprehensive investigation and inquiry into the purported irregularities.
It was stated that the State remained silent regarding the matter and no action was taken to investigate or redress the situation except a letter dated 20-07-2023, after which the matter came to a standstill.
The former Deputy Superintendent demanded an explanation behind the constitution of a Special Investigation Team (SIT) to investigate the allegations of financial irregularities after a significant delay and only after the unfortunate incident of rape and murder of a young doctor took place at R.G. Kar Medical College and Hospital on 09-08-2024.
Thereafter, the former Deputy Superintendent submitted that the formation of the SIT substantiated his allegations and established a nexus with the incident dated 09-08-2024. Thereafter, a reminder was filed by the former Deputy Superintendent on 20-08-2024 in the Tala Police Station and requested the provision of police protection for which the authorities took no steps.
The State contended that the constitution of the SIT on 16-08-2024 was an autonomous decision taken regardless of the complaint.
Analysis and Decision
The Court stated that the role of a writ court is usually limited to assessing whether the police had failed to fulfill their legal duties, and it primarily examines procedural compliance and ensures that law enforcement authorities follow the correct process.
The Court mentioned that a significant issue was present regarding the appropriate investigative authority and specifically, whether the investigation had to remain under the purview of the SIT or be transferred to the jurisdiction of the Central Bureau of Investigation (‘CBI’).
The Court noted that in light of the resurgence of multiple allegations after the incident of rape and murder of a young doctor at the R.G. Kar Medical College on 09-08-2024, an Independent Enquiry by a SIT was constituted in compliance with the notification issued by the Special Secretary to the Government of West Bengal.
The Court noted the apparent nexus between the allegations made by the former Deputy Superintendent and the locus of the incident dated 09-08-2024 as well as the fact that investigation into the rape and murder matter had already been entrusted to the CBI.
Therefore, the Court directed the transfer of the investigation to CBI because the case involved serious allegations and multiple agencies handling different aspects of the case could lead to inconsistencies for comprehensive justice. The Court stated that handing over the investigation to the CBI would ensure consistency.
The SIT was directed by the Court to hand over the Case Diary along with any other material related to the case to CBI by 10:00 AM on 24-08-2024.
As regards the personal protection of the former Deputy Superintendent, the Court noted that no grave situation had taken place that required protection from the State. However, the Court granted leave to the former Deputy Superintendent to approach the competent authority for personal protection in case it was needed.
Lastly, the Court requested the CBI Officer concerned to file the progress report of the investigation within three weeks and directed the matter to re-appear in the list on 17-09-2024.
[Akhtar Ali v. State of West Bengal, 2024 SCC OnLine Cal 7866, Decided on 23-08-2024]
Advocates who appeared in this case :
For Petitioner — Advocate Kumarjyoti Tewari, Advocate Brajesh Jha, Advocate Tarunjyoti Tewari, Advocate Amrit Sinha, Advocate Aniruddha Tewari, Advocate Koushiki Bose
For Respondent — SSC Amitesh Banerjee, Advocate Ipsita Banerjee, Advocate Debangshu Dinda, DSGI Dhiraj Trivedi, Advocate Arijit Chakraborty, Advocate Ankit Khanna, ASG Ashok Kumar Chakraborty, Special PP Amajit Dey, Advocate Bisaroop Bhattacharya, Advocate Md. Zohaib Rauf, Advocate Sumitava Chakraborty