The Calcutta High Court on Monday concluded the hearing in the RG Kar rape and murder case regarding whether the application of the state for capital punishment for convict Sanjay Roy is admissible. The order has been reserved.
Advocate General Kishore Dutta submitted to the division bench of Justice Debangsu Basak that the state has the jurisdiction to appeal for capital punishment while citing several Supreme Court cases.
The victim’s family, through their advocate Shamim Ahmed, submitted in court that they are not in favour of capital punishment for Roy.
The other counsel of the victim’s parents, Gargi Goswami, later told The Indian Express that they are satisified with the punishment to Roy.
“As per the instructions of the victims’ parents, they are satisfied with the quantum of punishment. They have lost their daughter, they don’t want someone else to die. They want the supplementary chargesheet to be filed and other accused to get caught. The parents are not satisfied by certain observations of the trial court… that is what we will raise in court,” the counsel said.
The victim’s parents who were present in court told reporters, “We have full faith in the Calcutta High Court. The state police and the CBI all have let us down… who do we go to now? Regarding capital punishment, we leave it to our legal counsel.”
On whether the state has the jurisdiction to appeal for capital punishment, Additional Solicitor General SV Raju submitted in court, “It is only the central government alone who can challenge the appeal. (The state) will not be able to assist the court in this matter.”
The ASG said that during the trial, the state government “had shown no interest” and that they are “now suddenly showing interest”.
“The entire record including the Case Diary is with the CBI… the state has no record. On August 13, the CBI was handed the case on the order of the Calcutta High Court. Whatever investigation was carried out by the state, the evidence was submitted to the CBI. The FIR was registered… by the CBI on the date of the order itself. The police were directed to hand over all the documents and evidence to the CBI… The state has had no say since the time (the case) was transferred to CBI. The state did not give an application for participation in the trial. Suddenly they are showing interest,” the ASG said.
The state has provided legal aid to convict Sanjoy Roy. Kaushik Gupta of the Calcutta High Court is representing him.
On Friday, the CBI moved the Calcutta High Court demanding the death penalty for convict Sanjoy Roy in the rape and murder of a junior doctor at the state-run RG Medical College and Hospital. The state government had also moved the court demanding for capital punishment.
On January 20, Additional Sessions Judge Anirban Das of Sealdah court had awarded Sanjoy Roy life imprisonment “until his last breath”.
Roy, a 35-year-old civic volunteer, was convicted under Sections 64 (punishment for rape), 66 (punishment for causing death or a persistent vegetative state to a woman), and 101 (1) (murder) in a ruling that came five months after the August 9 incident sparked outrage and triggered massive protests of doctors and citizens in West Bengal.