On Wednesday, the Central Bureau of Investigation (CBI) opposed the West Bengal government’s appeal in the Calcutta High Court regarding Sanjay Roy’s life imprisonment sentence. Roy was found guilty of the rape and murder of a medical trainee at RG Kar hospital in Kolkata last year.
“Only the prosecuting agency can challenge the sentence on grounds of inadequacy,” CBI informed the Calcutta High Court that the state is unable to file an appeal in the case as it has been investigated by the CBI.
In the hearing held before a division bench made up of Justices Debangshu Basak and Md Shabbar Rashidi, the CBI stated that the sole agency authorized to contest a sentence in the case is the prosecuting agency.
The investigating agency claimed that because they conducted the investigation, the state government does not have the authority to submit an appeal regarding the case.
The state’s Advocate General responded to the CBI’s assertion, stating that the original FIR in the case was lodged by the state police, and it was only afterward that the case was handed over to the CBI.
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“Law and order is under the state’s jurisdiction,” added the Advocate General.
The high court panel stated that it would review arguments from the CBI, the family of the victim, and Sanjay Roy prior to determining whether to accept the state’s appeal.
The case will be reviewed again on Monday (January 27).
