In what appears to be a lackluster performance by the CBI prosecutors, a special court in Lucknow allowed disgraced ex-MCI president, Dr. Ketan Desai’s application for his removal from criminal charges for “cheating” and “conspiracy” on a purely technical ground that no “sanction” (under section 197 CrPC) was obtained from the authority by the CBI before moving against Dr. Desai. In the Lucknow case, Dr. Desai, then working as MCI president, was accused to conspire to grant MCI permission to Ram Murthy Medical College, a private medical college in Bareily, U.P. even though the college was alleged not to have necessary infrastructures or faculties to train medical students. While the court did not get an opportunity to judge the merit of the allegations against Dr. Desai since there was no trial, Dr. Desai managed to escape from serious charges of cheating and conspiracy on the purely technical ground of “sanction” as Desai’s lawyers successfully argued that as a sitting MCI president when he was charged by the CBI, Dr. Desai was protected by “sanction” under section 197 CrPC.
The “sanction” requirement for entrapping or arresting corrupt public officials has been a subject of major controversy in Indian jurisprudence for a long time. Although at the beginning, CBI in Lucknow claimed that they have a strong case of corruption and cheating against Dr. Desai, their advocates were not able to put up a strong opposition in the court. It is to be seen whether CBI challenges this unexpected decision by the trial court before higher legal forum. Cronies of Dr. Desai and unscrupulous IMA leaders in Delhi are thrilled with this sudden decision by the trial court judge in Lucknow as they have started to claim that all criminal charges against Dr. Desai have been dropped even though Desai is still waiting for criminal trial to begin in main “trap” case against him pending before the Patiala Court in Delhi. PBT is keeping close eyes on these recent developments involving the biggest medical mafia in India and will take appropriate legal action to bring justice for the wide-spread medical corruption in India, caused primarily through deep-rooted collusion between the inept governments (both BJP-led and previously Congress-led), Dr. Desai and large number of his medical cronies who are still occupying high positions in MCI and IMA.