KOLKATA: Even as the CBI and Bengal govt sparred on Monday in the
Calcutta high court
over whose appeal seeking death for
RG Kar
rape-murder convict
Sanjay Roy
should be heard, the victim’s family told the HC they did not want capital punishment for the convict for now.
The HC division bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi reserved its judgment on whether it would hear the CBI’s or the state’s appeal. Thereafter, it will hear the merits of the case seeking capital punishment.
Capital punishment to the convict now could hamper the investigation that we have sought. If he (Sanjay Roy) is hanged now, how will we get further evidence?
RG Kar victim’s father
When the judges asked the victim’s parents, who were present in court, about their stand on the issue, their counsel Shamim Ahmed informed the bench that the family “does not want capital punishment for now” as they were apprehensive that Roy’s hanging could lead to the disappearance of whatever evidence there might be to prove the involvement of others. Another lawyer representing the parents said, “We want the trial of others to start and chargesheet to be submitted.”
The parents later told reporters outside the courtroom, “Capital punishment to the convict now could hamper the investigation that we have sought. If he (Roy) is hanged now, how will we get further evidence?”
A Sealdah trial court had on Jan 20 sentenced Roy to prison “for the remainder of his natural life”, saying the case did not fall under the “rarest of rare” category. The state govt, and later CBI, appealed against this.
When the case came up for hearing, state advocate general Kishore Datta told the HC that the state had locus standi to appeal seeking death for the convict even though the investigation was conducted by a central agency. “In a case being investigated by a central agency, the state is not a bystander because prosecution is always in the name of the state… registration of an FIR is with the state govt, post-trial – parole, remission, capital punishment execution – everything is done by the state,” Datta argued.
Representing the CBI, additional solicitor general (ASG) SV Raju said only the Centre could file an appeal seeking the
death penalty
and the Bengal govt did not have “any jurisdiction” in the matter.
