The hearing on the admissibility of two petitions filed by the Central Bureau of Investigation (CBI) and the West Bengal government, seeking the death penalty for Sanjay Roy, the sole convict in the RG Kar rape and murder case, concluded on Monday afternoon at the division bench of the Calcutta High Court.
The division bench, comprising Justice Debangshu Basak and Justice Shabbar Rashidi, has reserved its judgment. At the time of filing this report, it was unclear whether the court’s direction in the matter would be issued later that day or on a different day.
Once the judgment is delivered, it will clarify whether both petitions—one by the CBI and the other by the West Bengal government—will be admitted, or if only one will be allowed.
The hearing began around 10:30 a.m. and concluded at 12:45 p.m. The CBI’s counsel argued that, since it was their officials who had conducted the investigation following a previous order by the Calcutta High Court, the central agency, along with the victim’s parents, had the right to file the petition, not the state government, which was not a party to the case.
In contrast, the state government’s counsel contended that, in this case, the state could appeal under Sections 377 (which allows the state government to appeal if it deems the sentence inadequate) and 378 (relating to appeals against acquittal orders for cognizable and non-bailable offences) of the Code of Criminal Procedure (CRPC).
To recap, after the body of the woman doctor was recovered from a seminar hall on the premises of state-run R.G. Kar Medical College and Hospital on the morning of August 9, 2024, the initial investigation was carried out by the Kolkata Police.
The Kolkata Police arrested Roy, but the CBI later took over the investigation following an order from the Calcutta High Court.
Last week, a special court in Kolkata sentenced Sanjay Roy to life imprisonment. However, both the CBI and the state government have approached the Calcutta High Court to challenge the special court’s verdict and seek the death penalty for the sole convict.
(Inputs from IANS)