Victim’s kin say death penalty not priority; Cal HC reserves verdict on state, CBI appeals

Kolkata: Counsel representing parents of RG Kar rape and murder victim on Monday told Calcutta High Court that capital punishment for the accused Sanjoy Roy is not their priority presently while the court reserved its judgement on admission of appeals by the state government and the CBI for the death penalty.

When the counsel for the parents was asked whether they were also appealing for a death sentence, the court was told that capital punishment is not their priority at the moment. Later, parents told the media outside courtroom that their priority is to bring other accused persons to book and Roy’s death will affect that process.

The parents already moved Calcutta High Court (HC) praying for further investigation in the case of rape and murder. They have also approached Supreme Court to seek clarification on whether HC can hear their prayer.

Meanwhile, the bench of Justices Debangshu Basak and Shabbar Rashidi on Monday heard arguments of all sides, primarily of the state and the CBI. Both appealed for death penalty of Roy but CBI has opposed state’s right to appeal.

The Advocate General (AG) Kishore Datta representing the state argued that the amendment of CrPC had included the word ‘also’ under Section 377(2) which meant the state could direct the public prosecutor to make an appeal to the HC against the sentence on the ground of its inadequacy.

However, CBI counsel Deputy Solicitor General (DSG) Rajdeep Mazumder pointed out that the amendment was later repealed. Datta argued that even after repealing, the word ‘also’ stayed.

The court pointed out that 377 (2) CrPC gives the Centre the choice of appeal if the case was investigated by a Central agency. The CBI counsel said since the Centre has chosen to appeal, the state has no locus standi.

Further, Additional Solicitor General (ASG) SV Raju for CBI submitted that the rape and murder case was probed by CBI after registering a fresh FIR.

The state under instructions of the HC had handed over the case diary to CBI. The state also did not participate in the trial. Hence, the state has no locus standi, he submitted.

The court reserved its judgement after hearing all parties concerned.