The Bengal government’s appeal against the life imprisonment sentence handed to Sanjay Roy – the man convicted of raping and murdering a doctor at Kolkata’s RG Kar Hospital in August last year – is not maintainable, the Central Bureau of Investigation told the Calcutta High Court Wednesday morning.
The federal agency – under fire from some, including the state and the doctors’ family over an investigation the court ruled yielded insufficient material to warrant the death penalty – told the court only the union government, or itself, could appeal inadequacy of the sentence in this case.
“The Supreme Court has held the central government alone will be empowered to admit an appeal in cases which are investigated by a central agency… the state will not be empowered.”
The agency also lay down a second precedence; “… also, it was held in the Lalu Prasad Yadav case that only the prosecutor (i.e., itself) can prefer an appeal…”
To the second precedence the state pointed out the appeal in the Lalu Yadav case was against acquittal, and also that the original complaint in the RG Kar case was filed by the Kolkata Police.
“In our case… the FIR (first information report) was lodged by the state police force, which was then transferred by the High Court. That is the difference… law and order is a state subject. The state is primarily responsible for the investigation… they cannot be construed to be a bystander.”
“This case was initially registered by the state… not the CBI.”
The court, after hearing preliminary arguments by both sides, then sought a response from Roy’s counsel, who was present but said he had not been allowed to visit his client, something to which Justice Basak took strong exception. “Why? Why is he not being allowed to visit the convict?”
The court then listed the matter for a second hearing on Monday, January 27.
What Mamata Banerjee Said
On Tuesday evening, amid outrage over a Kolkata court sentencing Roy to a life term instead of handing down the death penalty, the Bengal government expressed strong disappointment.
“When someone is a demon… can the society be human? Sometimes they get out after a few years. If someone commits a crime, should we forgive them? If someone commits a crime and gets away, he will do it again. Our job is not to protect them,” Chief Minister Mamata Banerjee raged.
Ms Banerjee also questioned the lower court’s contention – that the RG Kar Hospital rape-murder case is not ‘rarest of rare’, which is the umbrella term for criteria to execute a convict.
Ms Banerjee, and her government, had been heavily criticised by numerous stakeholders, including the opposition Bharatiya Janata Party, the protesting doctors, and the woman’s parents, over alleged mishandling of the initial investigation. And, in responding to the sentence, the Chief Minister was quick to make her point, saying, “… if the case stayed with us, we would have ensured the death penalty.”
‘Life’, Not ‘Death’ For Roy
Roy was found guilty Saturday on charges of rape and murder. On Monday, the trial court sentenced him to life imprisonment. Justice Anirban Das acknowledged the crime was “particularly heinous”, but said the sentencing must heed principles of reformative justice and the sanctity of human life.
Justice Das also noted the CBI had failed to provide sufficient evidence to convince him this is a ‘rarest of rare’ case, and so warrant the death penalty for Sanjay Roy.
The RG Kar Hospital case sparked massive outrage and also triggered a shrill political squabble between the ruling Trinamool and the BJP, which had clamoured for the CBI to take over the case on grounds the state government and the state police force were shielding the guilty, including Roy.
The CBI was finally ordered to take over by the High Court, prompting bitter counterattacks from the Trinamool. However, the agency’s investigation was also heavily criticised; doctors protesting the murder called it “worthless” and the woman’s parents said it had failed to catch others involved.
“That Sanjay is guilty was proved through biological evidence. And that he stood silent during the trial also proved his hand in torturing and killing my daughter. But he was not alone, there are others who haven’t been arrested yet. So, justice hasn’t been delivered,” her mother said after the conviction.
With input from agencies
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