 "CBI challenges Bengal's plea seeking death penalty for RG Kar rape convict")
The Central Bureau of Investigation (CBI) on Wednesday filed a petition before the Calcutta High Court, challenging the West Bengal government's appeal against the life sentence handed to Sanjoy Roy, the convict in the RG Kar rape and murder case, according to a report by LiveLaw. The state government had sought the death penalty for Roy after a sessions court granted him a life sentence.
The matter was being heard by a division bench consisting of Justices Debangsu Basak and Md Shabbar Rashidi.
During the proceedings, the Advocate General representing the state argued that while the central government can authorise appeals in cases investigated by central agencies, the state could also file an appeal under Sections 377 and 378 of the Code of Criminal Procedure (CrPC). This was because the case had originally been investigated by the state and only later transferred to the CBI by the high court.
However, the CBI’s counsel contended that the state was not authorised to file appeals in cases handled by central agencies, asserting that only the central government had the authority to do so. The CBI's counsel referenced a Supreme Court ruling in the Lalu Prasad Yadav fodder scam case, which held that for cases investigated by central agencies, the state cannot file appeals, the news report said.
The Advocate General responded, noting that the appeal in the Lalu Prasad case was against an acquittal, whereas in this case, the appeal was about the insufficiency of the sentence. He emphasised that the CBI had only re-registered the case after the high court transferred the investigation, not initiated it.
The Advocate General requested additional time to present further material to support his arguments. The court then adjourned the hearing until January 27.