R.S. Goenka and Prashant Goenka

The high court on Wednesday granted bail to AMRI owner-directors R.S. Goenka and Prashant Goenka on the ground that they were not involved in the daily functioning of the hospital where a fire broke out on December 9 claiming 91 lives.

The court had cited the same logic while granting bail to R.S. Agarwal, the only other owner-director to have got reprieve.

R.S. Goenka and nephew Prashant were among the six owner-directors of AMRI Hospitals arrested within hours of the fire following orders from chief minister Mamata Banerjee.

The division bench of Justice Asim Kumar Roy and Justice Asim Kumar Ray wondered why the duo should still be behind bars when three members of the managing committee had already been granted bail.

The managing committee used to meet once a week to oversee the functioning of the Dhakuria hospital.

“The managing committee, which met every Saturday, used to look after the day-to-day affairs of the hospital. The board of directors used to meet once in three months. Since three managing committee members have already been granted bail and the state government has not yet moved a higher court seeking cancellation of the bail, this court is allowing the bail prayers of the directors who were not members of the managing committee,” the bench ruled.

“Both (the Goenkas) have spent 111 days in custody and chargesheets have been filed against them. The two were members of the board of directors and had no connection with the managing committee of the hospital.”

The three managing committee members released on bail are doctors Mani Chhetri, 91, and Pronab Dasgupta, 67, and a senior vice-president of the hospital, Satyabrata Upadhyay. Chhetri, also managing director of the hospital, was released because of his failing health; Dasgupta because he had allowed himself to be arrested by returning from Bangladesh; and Upadhyay because the chief judicial magistrate’s court in Alipore felt that he had little role in the daily administration of the hospital.

The managing committee members still behind bars are S.K. Todi, executive director Dayanand Agarwal, and vice-president (administration) Preeta Banerjee.

The bench also pointed out that since it would take long to start the trial given the number of witnesses (455) and documents (1,000), “the accused should not be held back anymore”.

Lawyers said it would take at least another six to eight months for the trial to start. The police will have to first prepare a “paper book” comprising the case diary, documents seized, statements made by the accused and witnesses, and copies of the FIR, chargesheet and investigation report.

The police have filed the chargesheet but the trial court is yet to frame the charges.

The uncle-nephew duo are likely be released from Alipore jail on Thursday. “According to rule, a copy of the high court order will have to be produced before the chief judicial magistrate of the Alipore court, where the case was started. The order will be sent to the jail with the CJM’s approval. The process is likely to be completed by Thursday afternoon,” said Atanu Roy Chowdhury, who appeared for the Goenkas.

Lawyers appearing for the state said they would appeal against the bail granted to the Goenkas.

The state has already moved a special leave petition before the Supreme Court seeking cancellation of R.S. Agarwal’s bail.

Defence lawyers said Wednesday’s order would pave the way for the release of the other directors.

The bail pleas moved by directors Ravi Todi and Manish Goenka came up for hearing before the same high court bench later in the afternoon. Appearing for the petitioners, advocate Pradip Ghosh said: “These two directors are on the same footing (as the Goenkas).... They were not linked to the managing committee.”

The bench adjourned the hearing to Thursday.