Stay on CBI probe against medical institution vacated

Updated on: Friday, September 03, 2010

The Madras High Court has vacated an interim stay of investigation by CBI against a medical institution in Puducherry in the case relating to Ketan Desai, the then Chairman of Medical Council of India (MCI.)

Earlier, the Sri Lakshmi Narayana Institute of Medical Sciences, a constituent college of Bharath University (BIHER), Puducherry, said that permission had been granted earlier for the establishment of the college with an intake of 150 students and it was renewed from time to time. For 2010-11, the MCI constituted a committee to inspect the institution. The panel visited the college on January 28 and 29 this year and subsequently granted approval on March 22 for 2010-11.

While so, the petitioner said, the CBI registered a case in May this year against the college and Dr. Desai. The college had been cited as second accused. The charge was that the college cheated the Centre by not providing the minimum standards and despite having deficiencies managed to get permission by conspiracy.

Hence, the institution was filing the petition.

The court had granted an interim stay of investigation against the institution in the case.

In its counter, the Union Government sought to vacate the stay.
Abuse of official position

It submitted that Dr. Desai cleared the case of the petitioner knowing fully well that the college did not possess the requisite infrastructure and other facilities.

The then Chairman had abused his official position. Investigation showed prima facie material requiring registration of the case. The CBI was investigating not only as per law and the procedure established by law, but also to prevent any possible injustice caused to the public through the doctors taught by the college which did not have sufficient faculty and other facilities required for their education.

When the matter came up before Justice C.T. Selvam, the Special Public Prosecutor for CBI cases, N. Chandrasekharan, submitted that neither the staff nor students or the management of the petitioner institution would be harassed in any manner or called by the investigating agency pending further hearing on September 7. The Judge said he would not extend the stay.

Stay on CBI probe against medical institution vacated

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