“Not a Death Sentence…”: RG Kar Murder Victim’s Family Seeks Justice Amid Disagreement with CBI and Mamata Government

A division bench of the Calcutta High Court, comprising Justice Debangshu Basak and Justice M.M. Shabbar Rashidi, on Monday reserved judgment on appeals filed by the Bengal government and the Central Bureau of Investigation (CBI) seeking death sentence for Sanjay Roy, convicted in the RG Kar rape and murder case. Both- the State and CBI have challenged the sentencing of Sanjay Roy’s life imprisonment by the trial court.

On January 18, a trial court in Kolkata’s Sealdah had convicted Roy, a former Kolkata Police civic volunteer, for the rape and murder of 31-year-old RG Kar medical student, and sentenced him to life imprisonment until death on January 20. However, both the CBI and the victim's family had demanded for the death penalty, with the family labelling the case a “rarest of rare” incident.

Bengal Government and CBI Challenge Sentence

The Bengal government moved the Calcutta High Court last Tuesday, challenging the trial court’s ruling and reiterating its demand for capital punishment. But the state’s move had raised questions about the state government’s standing in the appeal, specially after the investigation was handed over to the CBI on August 13, 2024. Two days after the State’s appeal, on Friday, the CBI filed its own appeal, demanding the maximum punishment for Roy and challenging the state’s right to intervene in a case already under its purview.

Legal Arguments: State vs. CBI

On Monday, the division bench heard arguments regarding the admissibility of the state government’s appeal. Advocate General Kishore Dutta, representing the Mamata Banerjee-led Bengal government, contended that the state holds the authority to appeal in any criminal case, as prosecution is carried out in the name of the state, and capital punishment is executed by the state. He referred to previous cases where state appeals were entertained, even in matters investigated by central agencies.

In contrast, Additional Solicitor General S.V. Raju, appearing on behalf of the CBI, strongly opposed the state’s involvement. “The state had no role in the prosecution; the entire investigation and case documentation, including the case diary, were handled by the CBI. The state does not have any of the relevant records at this stage and has no business showing interest now,” Raju argued. “Even if the appeal is allowed, they will not be in a position to assist the court, as they have no documentation to produce,” he added.

Victim’s Family Calls for Transparent Investigation

In a surprising twist, Shamim Ahmed, the counsel for the victim’s family, presented an argument that diverged from both the CBI and state government’s stance. According to Ahmed, the family has reason to believe that multiple individuals were involved in the murder, raising doubts about the investigation’s completeness.

“We do not want the death penalty for Sanjay Roy,” Ahmed said outside the courtroom. “Our focus is on ensuring that all those involved in this crime are arrested. We suspect that there may be a conspiracy between the CBI and the state government, and there is widespread public suspicion about this as well. What we seek is a more transparent investigation and the identification and arrest of any other perpetrators.”

Interestingly, during the sentencing phase after Roy’s conviction last Monday, the victim’s counsel had strongly demanded the death penalty, aligning with both the CBI and the Bengal government’s calls for the highest form of punishment.​