The Calcutta High Court started hearing appeals on Monday from both the West Bengal government and the Central Bureau of Investigation (CBI). They are challenging a lower court’s decision to give Sanjay Roy, who was found guilty in the RG Kar Hospital rape-murder case, a life sentence instead of the death penalty.
The state government and the CBI argue that Roy’s sentence is too light and want him to receive the death penalty instead. Advocate General Kishore Dutta, who represents the West Bengal government, explained that under the law, state governments can appeal sentences if they feel the punishment is not enough. He mentioned that this change happened after an amendment to Section 377, which expanded the rights of state governments.
Dutta noted that both the CBI and the state agree that Roy’s life sentence is not sufficient and that they want a harsher penalty. He even referred to other cases, including one involving former Bihar Chief Minister Lalu Prasad Yadav, to strengthen his argument that the state has the right to appeal in such situations.
Justice Debangsu Basak, who is overseeing the case, acknowledged that both the CBI and the state want the same outcome—a tougher sentence for Roy. However, he reminded everyone that India’s federal system means both the central and state governments have their respective rights. Dutta also asked for a Public Prosecutor to help represent the state’s interests better in this case.
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