The Medical Council of India (MCI) today moved the Delhi High Court seeking quashing of a trial court order accepting CBI's closure report in a case in which two doctors were caught on camera allegedly accepting money for granting clearance to medical colleges.
The Council filed the petition before Justice Siddharth Mridul and also sought direction to summon accused doctors, Dr K K Arora and Dr A S Nayyar, the then deputy secretaries of MCI, to face trial in the case.
The trial court on November 21, 2014 had accepted CBI's closure report and said that "there is no sufficient material on record to proceed" against the two doctors named as accused in the FIR.
Challenging the special CBI judge decision, the MCI said that the trial court judge "erroneously came to the conclusion that there is no sufficient material on record to proceed against the two doctors and has thus erroneously accepted the closure report".
The FIR was registered on the basis of an October 17, 2005 letter of Dr P C Kesavankutty Nayar, the then acting President of the MCI, which was sent to CBI along with two CDs containing recording of a programme which was shown on a news channel on October 14, 2005 that Arora was accepting money for agreeing to grant clearance to medical colleges.
The agency had said that in the sting operation Arora and A S Nayyar were seen negotiating with certain persons (the reporters) to extend certain benefits to medical colleges in return of illegal gratification.
Later CBI had filed the third closure report on September 15, 2014 saying during further probe in the case, sufficient material has not come forthwith to establish the complicity of accused persons named in the FIR to prosecute them.
The trial court accepted CBI's report and held that there was no evidence of Arora accepting the money except in the statement of a prosecution witness who was the reporter of the news channel.
