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The Calcutta High Court raised critical questions over the state government’s appeal against the Sealdah District Sessions Court’s sentencing of Sanjay Roy to life imprisonment in the RG Kar case. The appeal, filed by the state, seeks stricter punishment, despite the case being investigated entirely by the Central Bureau of Investigation (CBI) after it was handed over from the state police.
Justice Debanshu Basak questioned whether the state had the legal standing to challenge the judgment when the investigation and prosecution were conducted by the CBI. The judge sought clarity on whether the appeal could be considered admissible, given the procedural limitations outlined in criminal law. The High Court emphasized that the state must establish sufficient grounds to justify its intervention in the case.
Another point of contention was the certified copy of the lower court’s judgment. Judge Anirban Das of the Sealdah District Sessions Court had stated that certified copies of the judgment would only be provided to individuals directly involved in the case. Justice Basak indicated that the High Court could only direct the release of the certified copy if the appeal was deemed admissible.
The court also discussed broader legal principles, noting that while acquittals are commonly challenged in higher courts, convictions are subject to stricter procedural scrutiny. The High Court sought to determine whether the state’s appeal met the necessary legal requirements, particularly since the state government was no longer involved in the case’s investigation or prosecution.
The High Court has scheduled the next hearing for Monday, instructing the state to present its arguments and demonstrate the validity of its appeal. Until then, no further orders have been issued, and the case remains under judicial review.