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Dr. Sandip Ghosh, former principal of R.G. Kar Medical College and his wife alleged that media houses have been publishing untrue, unreal and malicious stories with regard to his involvement in the matter
The Calcutta High Court on August 21, 204 denied a plea by Dr. Sandip Ghosh, former principal of R.G. Kar Medical College, and his wife, seeking to restrain media outlets from conducting a "media trial" against them.
Dr Ghosh and his wife claimed that certain media reports had defamed him by falsely implicating him in the rape and murder of a resident doctor at the hospital on August 9, 2024. They argued that such coverage has incited public anger, damaged their reputation, and prejudiced the ongoing CBI investigation.
On the other hand, the counsel for the government and media houses contended that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 provide an adequate remedy and the petitioners could pursue that.
Court found the petition lacking specific evidence of how the media or social platforms had engaged in a media trial.
The bench of Justice Shampa Sarkar noted that while the media must report responsibly, an outright gag order would be contrary to the freedom of speech guaranteed under Article 19(1)(a) of the Constitution.
The judge emphasized the importance of balancing the petitioners' right to privacy with the media's role in keeping the public informed, especially in matters of significant public interest. The right to information would be fundamental in this case, as every member of civil society is severely affected by the incident either directly or indirectly, he said.
Court advised the petitioners to pursue remedies available under the Press Council Act and the Information Technology Rules, 2021. It also highlighted that the petitioners had been granted police protection and could seek legal recourse for any defamatory content.
According to media reports, former Deputy Superintendent Akhtar Ali of RG Kar Medical College and Hospital has filed a plea before the high court against ex-principal Sandip Ghosh, claiming that Ghosh "has a significant nexus" that he intends to expose. Akhtar Ali has further accused Sandip Ghosh of involvement in various scandals, such as mismanagement of biomedical waste, improper handling of deceased bodies, and intentionally failing students who refused to pay bribes.
Moreover, Ali has alleged the principal of providing dead bodies for a workshop without consent from the patient's family or the forensic medicine HoD.
It is noteworthy that Dr. Ghosh, who resigned from his post as principal on August 12 citing "moral responsibility" following the August 9 incident, was promptly appointed as the principal of another medical college in Kolkata.
Case Title: Dr. Sandip Ghosh & Anr. Vs. Union of India & Ors
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