Calcutta HC rejects Bengal Govt’s plea for death penalty in RG Kar case, admits CBI’s appeal

The Calcutta High Court on Friday dismissed the West Bengal government’s plea seeking the death penalty for Sanjay Roy, the sole convict in the rape and murder of a doctor at RG Kar Medical College & Hospital. However, the court admitted the Central Bureau of Investigation’s (CBI) appeal, which also sought the death penalty. A division bench of Justice Debangsu Basak and Justice Shabbar Rashidi ruled that only the investigating agency, the convict, or the victim’s family had the legal standing to challenge the sentencing. The bench stated that the state government had no locus standi in the matter.

Roy was sentenced to life imprisonment till death by a Sealdah court on January 20. The judge ruled that the case did not meet the “rarest of rare” standard required for a death sentence under Indian law. Chief Minister Mamata Banerjee publicly expressed disappointment with the verdict, following which the state government filed an appeal in the Calcutta High Court on January 21. The CBI, which was handling the investigation after a court-ordered transfer, also challenged the verdict on January 24, seeking capital punishment. During hearings, the CBI opposed the state’s petition, arguing that only authorized parties could appeal a sentencing decision.

The crime occurred on the night of August 8-9, 2024, when the doctor was found dead inside a seminar room at RG Kar Medical College & Hospital, where she had gone to rest after her shift. The Kolkata Police initially arrested Sanjay Roy, a civic volunteer, for the crime. Following widespread protests, a Public Interest Litigation (PIL) was filed, leading the Calcutta High Court to transfer the case to the CBI. Concerns were raised about the handling of the case, including allegations of delays in filing the FIR, the demolition of a structure near the crime scene, and administrative decisions made after the incident.

The victim’s parents have publicly stated that they do not support the death penalty for Roy, expressing concerns that he was not the only individual involved in the crime. Their statement has led to political reactions, with certain leaders criticizing their stance. The case had triggered extensive protests in Kolkata and other parts of the country, with junior doctors and medical students organizing demonstrations, candlelight marches, and cease-work movements. Several police officials, including the officer-in-charge of Tala Police Station, were arrested in connection with alleged irregularities but were later granted bail. With the Calcutta High Court admitting the CBI’s appeal, the case will now undergo further judicial review. The court has yet to announce the date for the next hearing, which will determine whether Roy’s sentence should be modified to the death penalty.