jollibet RG Kar Case Sentence: Mamata Says WB Police Would Have Assured 'Death Penalty'; BJP Accuses TMC Of 'Destroying Evidence'

RG Kar case: Convict sentenced to imprisonment till death Photo: PTI RG Kar case: Convict sentenced to imprisonment till death Photo: PTI

West Bengal Chief Minister Mamata Banerjee on Monday expresed "dissatisfaction" over a Kolkata court pronouncing life imprisonment to the convict in the RG Kar hospital rape and murder case as she claimed had the state police investigated the case, they would have assured 'death penalty' to the convict. Banerjee also claimed that the case was 'forcibly' taken away from the state police who arrested convict Sanjay Roy a day after the incident.

Other political parties in Bengal also reacted similarly to the sentence, BJP called it "travesty of justice" as they blamed the ruling TMC for 'destryoing evidence.

The doctors who protested to demand justice for their colleagues have questioned the court's failure to put the crime in the "rarest of the rare" category.

The ghastly crime had led to unprecedented and prolonged nationwide protests.

Kolkata Court's Verdict On The Case

The Sealdah court in Kolkata, presided by Additional District and Sessions Judge Anirban Das, on Monday sentenced Sanjay Roy to life imprisonment, after convicting him for the rape and murder of the postgraduate trainee doctor at RG Kar Medical College and Hospital on August 9, 2024.

Das said that the measure of a civilised society lies not in its ability to exact revenge, but in its capacity to reform, rehabilitate and ultimately to heal.

"In the realm of modern justice, we must rise above the primitive instinct of 'an eye for an eye' or 'a tooth for a tooth' or 'nail for a nail' or 'a life for a life'," the court observed.

"Our duty is not to match brutality with brutality, but to elevate humanity through wisdom, compassion and a deeper understanding of justice," the trial court judge said in the 172-page judgement.

He said this case does not meet the stringent criteria for being classified as "rarest of the rare".

The judge said that the Supreme Court has consistently emphasised that the death penalty should be used only in exceptional circumstances where the collective conscience of the community is so shocked that it expects the holders of judicial power to inflict the death penalty.

Judge Das said that given these considerations, it would be inappropriate to accede to the prosecution's request for the death penalty.

"While acknowledging the immense grief and suffering of the victim's parents, for which no sentence can provide complete solace, the court's duty is to pass a sentence that is proportionate, just and in accordance with established legal principles," the court observed.

While ordering rigorous imprisonment for life and a fine of Rs 50,000 each on two counts of rape and murder and rigorous imprisonment for the remainder of the convict's natural life for causing injury during the act of committing rape on the victim that led to her death, the court directed that all the sentences will run concurrently.

What Did CM Banerjee Claim?

Speaking to reporters in Murshidabad district, Banerjee also criticised the Central Bureau of Investigation (CBI) for its probe into the rape-murder of the on-duty medic at the state-run hospital.

“From day 1, all of us had demanded the death sentence, but the court has given a life term until death. We still stick to our demand. I can share my party's opinion; the case was forcibly taken from us. Had it been with the (Kolkata) police, we would have ensured that he got the death sentence," the CM said.

Pakistan, on the other hand, are behind India in second place, with eight points to their name, and also beat hosts China 5-1 in their most recent fixture. 

"We don’t know how the probe was conducted. In many similar cases that were probed by the state police, the death penalty was ensured. I am not satisfied... Had it been the death penalty, at least my heart would have been somewhat at peace," she said.

Later, posting on her X handle where she sounded more critical, Banerjee informed that the state government would challenge the Sealdah Court verdict and move the Calcutta High Court.

“In the RG Kar junior doctor's rape and murder case, I am really shocked to see that the judgement of the Court today finds that it is not a Rarest of Rare case! I am convinced that it is indeed a rarest of rare case which demands capital punishment. How could the judgement come to the conclusion that it is not a rarest of rare case?! We want and insist upon the death penalty in this most sinister and sensitive case,” she said.

“Recently, in the last 3/4 months, we have been able to ensure capital/maximum punishment for convicts in such crimes. Then, why, in this case, has capital punishment not been awarded? I strongly feel that it is a heinous crime that warrants capital punishment,” the CM said, adding, “We will plead for capital punishment of the convict at the High Court now.”

The chief minister emphasised the severity of the case, stating, "If the verdict had been a death sentence, it would have provided some comfort to our hearts."

The crime warranted the "most severe punishment”, Banerjee asserted.

"In the three cases we handled — Jaynagar, Farakka, and Guralp — our police successfully secured death sentences (through proper investigation and filing of chargesheet)," she pointed out, referring to similar rape and murder cases investigated by local authorities.

"The (RG Kar) case was forcibly taken away from us, and I don’t know how the CBI fought the case or what arguments they made. It was all managed by the CBI. We want the most severe punishment for such criminals," said Banerjee.

Other Political Entities React

The CPI(M) Politburo member Brinda Karat said the CBI had followed the same approach as the state government in believing that a single man was responsible for the incident.

"The judgment is as strange as it is unsatisfactory because the investigation itself is flawed. The state government, right from the beginning, has protected the authorities responsible for the destruction of evidence and therefore there are so many unanswered questions," Karat told PTI.

"The CBI, instead of correcting this, seems to have gone the same way as the state government, believing the impossible -- that a single man can be responsible for the rape and murder of a young woman in a public hospital, in a public space, and nobody knew anything about it or was involved," she said.

The BJP on Monday criticised the sentence of life imprisonment for the convict in the R G Kar rape-murder case by the Kolkata court as a "travesty of justice", and said just must not only be done but also be seen to be done.

BJP's IT department head Amit Malviya, who is also his party's organisational co-incharge for West Bengal, called for appealing the judgement and for probe agencies to investigate the role of the then Kolkata commissioner and the state's chief minister Mamata Banerjee for allegedly destroying the evidence.

He said on X, "Life imprisonment and a 50,000-rupee fine for Sanjoy Roy, accused in the RG Kar rape and murder case, is a travesty of justice. The verdict must be appealed."

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He added, "West Bengal Chief Minister Mamata Banerjee must stop shielding the criminal. Agencies also need to investigate the role of the then Kolkata Commissioner and the Chief Minister in the destruction of evidence. Justice must not only be done but must also be seen to be done."

Kolkata Doctors Who Protested Demanding Justice For The Case 'Not Satisfied'

The doctors, both senior and junior, who had held protests several times since the crime took place on August 9, questioned why the case was not described as "rarest of the rare cases" despite an on-duty woman medic being raped and killed inside her workplace, a state-run hospital.

Dr Rajiv Pandey, a senior doctor told PTI, "It's an institutional crime and can never be the job of one person. There was more than one person involved in it. We cannot accept the quantum of punishment and the financial compensation to the family of the deceased. This is very unsatisfactory and unacceptable."

Pandey said they will discuss with the parents of the deceased medic and decide on the next step which could be moving to a higher court.

Another senior doctor Dr Punyabrata Gun said that they would continue demonstrations in the state demanding justice for their deceased colleague.

"Our demonstration will continue as we believe that there were others involved. The matter has been hushed up and we will continue our protest," Gun reportedly said.

One of the junior medics, Aniket Mahato, who has been one of the prominent faces of the agitating doctors said they are not happy with the verdict.

"From Day one, we have been saying that there are multiple people involved in it. Where are the others? We will continue our protest on the road," Mahato said.

(With PTI inputs)jollibet