CBI Seeks Death Penalty for Sanjay Roy, Opposes State Government Appeal in High Court
NEW DELHI, Jan 22: The Central Bureau of Investigation (CBI) on Wednesday filed an appeal before the Calcutta High Court seeking death penalty for the convict in the rape and murder of the trainee postgraduate doctor at the RG Kar Medical College and Hospital while opposing a similar appeal from the West Bengal government.
A Sealdah court has convicted Sanjay Roy and awarded him life imprisonment instead of death sentence observing that the case did not fall under the “rarest of the rare” category.
The CBI opposing the state government’s appeal seeking death sentence to Roy said the state lacked jurisdiction for such a move. “Only the prosecuting agency can challenge the sentence on grounds of inadequacy,” CBI told the Calcutta High Court earlier in the day, saying that the state cannot file an appeal in the matter since the matter has been probed by the CBI. The CBI later moved the High Court, challenging the order of the lower court that ordered a life sentence for Sanjay Roy.
During the hearing before a division bench comprising Justices Debangshu Basak and Md Shabbar Rashidi, the CBI said only the prosecuting agency in the case has the authority to challenge a sentence. The probe agency asserted that since the case was investigated by them, the state government lacks the jurisdiction to file an appeal in the matter.
The Advocate General, appearing for the state, countered CBI’s claim, and said the initial FIR in the case was filed by the state police and the matter was only later transferred to the CBI. “Law and order is under the state’s jurisdiction,” added the Advocate General.
The high court bench said it would consider submissions from the CBI, the victim’s family, and Sanjay Roy before deciding on whether to admit the state government’s appeal. The case will now be heard further on Monday (January 27).
Sanjay Roy, a civic volunteer, was convicted by the court on Saturday under Section 64 (rape), Section 66 (punishment for causing death), and Section 103 (murder) of the Bharatiya Nyaya Sanhita (BNS). The case had sparked protests and outrage among thousands of people nationwide.
Following legal consultation, the CBI decided to move the Calcutta High Court, requesting for enhancement of punishment to death on the plea that it falls under the “rarest of the rare” category.
Earlier, West Bengal Chief Minister Mamata Banerjee had said the Kolkata Police would have ensured death penalty for the convict in the case, but the probe was later handed over to the CBI. Responding to the remarks, the opposition BJP alleged that on the Chief Minister’s instructions, the police and the hospital administration were involved in covering up the gruesome crime.
Citing the court order, the BJP alleged “significant lapses in the investigation” at the initial stage, “fabrication of records”, “delayed complaint filing”, and “mishandling of evidence”. The judgment, the BJP said, also made observations about “superficial investigation”, as saying “PW-50 did not conduct a thorough investigation but merely compiled existing evidence without delving deeper into the case.”
The BJP said the court emphasised that the investigative shortcomings should not undermine the prosecution’s case.
“In conclusion, the court criticised the indifferent attitude of the Tala police station officers and the hospital authority, stating that their negligence and perfunctory investigation cannot invalidate the prosecution’s evidence. The court remains committed to uncovering the truth and ensuring that the guilty are held accountable,” said party IT cell in-charge Amit Malviya through his X handle. “…justice will never be served unless the West Bengal Chief Minister is voted out of power and the collusion between the then Commissioner of Kolkata Police and Mamata Banerjee is thoroughly investigated,” he claimed.
(Manas Dasgupta)
