'Only prosecuting agency can..': CBI opposes RG Kar verdict appeal
What's the story
The West Bengal government has approached the Calcutta High Court seeking death penalty for Sanjay Roy, convicted of raping and murdering a doctor at Kolkata's RG Kar Hospital last year.
The Sealdah Court had on Tuesday sentenced Roy to life imprisonment, observing the crime didn't fall into "rarest of rare" category.
However, the decision was opposed by Chief Minister Mamata Banerjee who asked why it wasn't a "rarest of rare" case.
Legal dispute
CBI argues against Bengal government's appeal
Countering the Bengal government's appeal before the Calcutta High Court against the life imprisonment sentence to Roy, the Central Bureau of Investigation (CBI) argued that only the union government or itself could contest the sentence's inadequacy.
Citing precedents, the CBI stated that central agencies alone can admit appeals in such cases.
"The Supreme Court has held the central government alone will be empowered to admit an appeal in cases....investigated by a central agency...the state will not be empowered," it said.
Public sentiment
Banerjee questions life sentence, advocates for death penalty
However, the state responded by noting that the original complaint was filed by Kolkata Police before being transferred to the CBI.
After hearing preliminary arguments from both sides, the court sought a response from Roy's counsel.
The court also said it will decide on January 27 the maintainability of the plea filed by the State of West Bengal.
Following the life imprisonment verdict, the Bengal government expressed strong disappointment, questioning why it wasn't a "rarest of rare" case.
Public reaction
Case sparks outrage and political tension
CM Banerjee had said if the case had stayed with state authorities, they would have ensured a death penalty verdict.
Justice Anirban Das, who sentenced Roy, noted the heinous nature of the crime but stressed on reformative justice principles rather than capital punishment.
He said justice should be based on evidence and not public sentiment or emotional appeals.
The court ordered financial compensation to the victim's family, which they refused, demanding justice instead.