Additional Chief Judicial Magistrate (ACJM) at Bidhannagar Court, Kolkata admitted as a “pre-cognizance” stage, a new criminal complaint lodged by PBT president, Dr. Kunal Saha, against West Bengal Medical Council (WBMC) president and sitting MLA of the ruling Trinomul-Congress (TMC) party, Dr. Nirmal Maji, with serious allegations for embezzlement of public money from the state medical council for payment in his personal legal defense. After going through the complaint (C.C. No. 4055/2018; Dr. Kunal Saha vs. Dr. Nirmal Maji) and examining the complainant (Dr. Saha) along with another witness under section 200 CrPC, Ld. ACJM has transmitted the case to the Special Court (under Prevention of Corruption Act) for taking full cognizance and issuance of summons/warrants considering the nature of the allegations, i.e. alleged corruption by a “public servant”. The “Special Court” will hear this unprecedented case on 17th September, 2018.
This case emerged from a separate, pending case for “criminal defamation” (IPC Section 500/501) against Dr. Maji last December following slanderous and untruthful personal attacks by Dr. Maji after Dr. Saha lodged a complaint with MCI seeking cancellation of Dr. Maji’s medical registration as Dr. Maji and two other doctors were involved in planning dialysis of a pet dog at the premier government medical center in Kolkata (SSKM Hospital) putting the lives of countless innocent patients at serious peril. Dr. Maji has already surrendered in that case and was released on bail with the next hearing fixed on 15th September, 2018. During the course of several hearings in this personal defamation case against Dr. Maji between December, 2017 and April, 2018, it was observed that the same attorneys who generally represent the medical council in other cases, were also appearing to defend Dr. Maji even though WBMC is not a respondent or involved in any way with this personal defamation case against the council president. Recently, in response to an RTI application, WBMC has informed that the medical council, and not Dr. Maji, has been paying legal costs to the tune of tens of thousands of rupees to defend Dr. Maji in his personal lawsuit. The criminal complaint lodged against Dr. Maji includes Indian Penal Code (IPC) Section 409 (“criminal breach of trust by public servant”) which is a cognizable, non-bailable warrant case carrying maximum of 10 years imprisonment, if convicted.
