Calcutta High Court to Hear CBI’s Plea for Death Penalty in RG Kar Rape and Murder Case on January 27
The Calcutta High Court will hear the CBI's plea for the death penalty for Sanjay Roy, the convict in the RG Kar rape and murder case, on January 27. The plea challenges the special court's decision of life imprisonment.
Kolkata: The Calcutta High Court is scheduled to hear a critical plea by the Central Bureau of Investigation (CBI) on January 27, seeking the death penalty for Sanjay Roy, the sole convict in the high-profile RG Kar rape and murder case.
This plea follows the CBI’s challenge of a special court’s decision to sentence Roy to life imprisonment on January 20.
The CBI has raised concerns over the special court’s ruling, arguing that the severity of the crime warrants the death penalty. The appeal will be heard by a division bench of Justices Debangshu Basak and Shabbar Rashidi, with both the CBI and the West Bengal government seeking capital punishment for Roy.
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Interestingly, the West Bengal government has filed a separate appeal, raising similar grounds for the death penalty, which will also be considered on the same day.
However, the court’s review of the state government’s plea will primarily focus on the admissibility of their petition, and whether the state has the right to request such a sentence.
The Case Background
The disturbing case centers around the brutal rape and murder of a woman whose body was found on August 9 of the previous year in a seminar hall at the RG Kar premises. Initial investigations were conducted by the Kolkata Police, who arrested Sanjay Roy, a suspect in the case.
However, after five days of investigation, the Calcutta High Court intervened and handed over the case to the CBI for further inquiry.
The CBI’s involvement was prompted by concerns over the integrity and progress of the local police investigation.
As the official investigating agency, the CBI has argued that the state government has no standing to seek the death penalty in this case, as it was the CBI, alongside the victim’s parents, who are the legitimate parties to make such appeals.
Legal Complexity and Implications
The legal proceedings have become more complex with the West Bengal government’s parallel appeal for the death sentence.
The state’s involvement in the case has been questioned by the CBI, which asserts that the state government, not being a party to the investigation, cannot independently file a plea for a capital punishment review.
The CBI has further argued that the central agency and the victim’s family are the only entities in the position to request a death sentence, as they are the direct stakeholders in the case.
This raises critical questions regarding the role of the state government in such legal matters and the parameters for filing such appeals.
Related Article | RG Kar verdict: CBI challenges Bengal govt’s plea in HC
Next Steps in the Case
The upcoming hearing will play a crucial role in determining the fate of Sanjay Roy, as the division bench of the Calcutta High Court will assess both the CBI’s plea for the death penalty and the West Bengal government’s request.
The outcome will have far-reaching implications not just for Roy, but also for the legal framework regarding the role of state governments in seeking capital punishment in criminal cases.
The division bench is expected to examine the merit of both appeals, providing clarity on the legalities surrounding such sensitive cases, and determining whether the convict’s crime justifies the death penalty under Indian law.
As the case continues to unfold, the spotlight will remain on the Calcutta High Court’s handling of this sensitive and high-profile issue, as well as its potential impact on future legal precedents in similar cases.
Key Developments in the Case
- Convict: Sanjay Roy, arrested by Kolkata Police and later investigated by the CBI.
- Initial Investigation: Handed over to the CBI by the Calcutta High Court after five days of police investigation.
- Court Ruling: Special Court sentenced Roy to life imprisonment on January 20, 2024.
- CBI’s Plea: Challenges the sentence, seeking the death penalty.
- State Government’s Appeal: Also requests capital punishment for Roy, with the court reviewing its admissibility.
The outcome of the hearing on January 27 will be keenly anticipated, as it is likely to set a significant precedent for future criminal cases involving capital punishment appeals.
