The charge framing against former principal Sandip Ghosh and others accused of corruption at RG Kar Medical College and Hospital will be delayed by at least two weeks after a Calcutta High Court division bench took cognisance of Ghosh’s prayer for time to go through voluminous documents submitted against him.
The court said the charge framing cannot start without hearing the discharge application submitted earlier by Ghosh and the others.
The division bench of justices Joymalya Bagchi and Subhendu Samanta advised the CBI to submit an affidavit within a week before the special CBI court in Alipore where the accused filed the discharge application.
The court also asked Ghosh’s lawyer to submit a reply to the affidavit within seven days of the CBI response.
Ghosh and the others moved the division bench on Thursday objecting to an order by a single bench of Justice Tirthankar Ghosh on Wednesday that did not stay the charge framing by the lower court bypassing their discharge application.
Ghosh’s counsel Ayan Bhattacharya said the CBI chargesheet is of nearly 25,000 pages. “There are more than 1,500 documents and 116 judgments have been referred to. The trial court did not consider our position. The accused should get time,” he said.
Justice Bagchi admitted the submission and said: "Yes. An accused should get the opportunity to defend himself. It is the law.”
The division bench fixed Friday for the hearing of the appeal (against Justice Ghosh's order).
Bhattacharya said in court: “Earlier, Sandip Ghosh and others had placed a discharge application. The charge is going to be framed without hearing their plea.”
At this, Justice Bagchi said: “How is that possible? The petition must be heard before framing of charges.”
Justice Bagchi then advised the CBI to submit its affidavit in opposition to the discharge application at the special CBI court in seven days and said the accused should get seven days thereafter to file their reply.
Appearing for the CBI, advocate Rajdeep Majumdar said this will delay the process of the law.
Justice Bagchi, however, asked the CBI lawyer to “complete the discharge petition disposal process first".
Majumdar said there was apprehension that the accused could make a bail prayer as three months have passed since the date of their arrest. At this, Justice Bagchi said the prosecution was free to move court requesting to ensure that the accused did not get bail within this period.