The Council filed the petition before Justice Siddharth Mridul, seeking direction to summon accused doctors, K K Arora and A S Nayyar, the then deputy secretaries of MCI, to face trial in the case.
The Medical Council of India has moved the Delhi High Court seeking quashing of a trial court order accepting CBI's closure report in a case in which its two doctors were caught on camera allegedly accepting money for granting clearance to medical colleges.
The Council filed the petition before Justice Siddharth Mridul, seeking direction to summon accused doctors, K K Arora and 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, "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 allegedly 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 allegedly seen negotiating with certain persons 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.
According to the special court, another witness who had earlier alleged that Arora had accepted Rs 50,000 in his presence, later on said that no recording regarding transaction of bribe amount between MCI officials and the channel's reporter, was held in his presence.
However, the MCI in the plea, which the high court posted for consideration on May 28, has said that the investigating officer had "clearly overlooked the material on record, which prima facie establishes the case against the accused persons".
The Council stated that CBI closure report was filed without any "application of mind".
"CBI had overlooked the importance of the present case in public interest, as it may affect thousands of lives in the country.
"The closure report submitted by CBI was based on non appreciation of the incriminating evidence against the accused and the same has been filed in undue haste without proper deliberation of the nature of offence and its consequences on the society at large," the MCI said in its petition.
It stated that "In view of the statement of the witnesses, documentary evidences as well as the report of CFSL, Chandigarh, it is clear that a cognizable offence has been committed by the accused persons who are liable to be summoned by this court for facing trial."
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