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Former Health Minister Anbumani Ramadoss today moved a Delhi
court seeking discharge in a corruption case relating to the grant of
permission to an Indore-based medical college to admit students.Special Judge Talwant Singh issued notice to the CBI for
September 12 on the application of the PMK leader.Ramadoss sought discharge on the ground that the charge
sheet filed against him was "bad, illegal and an abuse of the process of
law" and sanction for prosecution was not obtained."At the time of the alleged incident, the applicant was
a public servant and therefore there was a complete bar from taking cognizance
of any alleged offence in the absence of sanction under section 197 CrPC from
the government," Senior advocate Mukul Gupta and advocate Pramod Dubey,
appearing for Ramadoss, said.The court, however, said it will not hear arguments
"again and again" on the same issue of discharge as the counsel will
argue on this point even at the time of framing of charges and kept the
application for September 12.Ramadoss, who is out on bail along with nine others, is
facing prosecution for allegedly granting permission to the college, which did
not have sufficient faculty members or clinical infrastructure to run the
course.The former health minister has been charge sheeted by the
CBI for allegedly abusing his official position in permitting Indore-based
Index Medical College Hospital and Research Centre (IMCHRC) to admit students
without having sufficient faculty members and clinical infrastructure in 2009.The counsel said in the application that the FIR against
Ramadoss, being the former Union minister, could not have been registered
without the sanction of the CBI Director."In this case, it is apparent from the FIR that no
prior order of the Director, CBI was obtained at the time of registration of
the FIR," the application said.The counsel also said there were "inherent
contradictions" in the successive inspection reports submitted by the
Medical Council of India (MCI) and they cannot be assumed to be authentic
report to "negate the approval given by Ramadoss"."The approval by Ramadoss was given after consideration
of the recommendation made by the officials of the department including section
officer, deputy secretary, joint secretary and the secretary and hence,
Ramadoss being the minister of the concerned department cannot be held
responsible for the recommendation made by the officer of the rank of
secretary...and put the note after examination of the material available on
record," the application said.The plea said there was no material to show Ramadoss's
involvement with any of the co-accused so as to bring it within the ambit of
commission of the offence of criminal conspiracy."The applicant being a political/social person, he has
been implicated with malafide, at the behest of someone...Besides Ramadoss, the other nine accused are Cabinet
Secretariat Director K V S Rao, Ministry of Health and Family Welfare's (MHFW)
Section Officer Sudershan Kumar and Dr J S Dhupia and Dr Dipendra Kumar Gupta
of Safdarjung Hospital.Accused Dr S K Tongia, former dean of IMCHRC, Medical
Director of the college Dr K K Saxena as also Nitin Gothwal and Dr Pawan
Bhambani are also named as accused.Ramadoss was the Union Minister of Health and Family Welfare
from May 2004 to April 2009 in UPA-I government.According to the CBI charge sheet, Ramadoss and other
accused conspired with each other in permitting IMCHRC admission for second
year despite the fact that the Medical Council of India(MCI) and a committee
appointed by the Supreme Court had "repeatedly recommended" that
IMCHRC was not having sufficient faculty and clinical material required as per
MCI norms.
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