Why no death penalty for RG Kar convict Sanjay Roy? Everything you need to know

The Sealdah Court on Monday pronounced the punishment for the RG Kar case convict, Sanjay Roy sentencing him to life imprisonment. Despite the demand for ‘capital punishment’ for the convict by CBI, victim’s family, and public, the court explained its decision to award Roy a lifer. 

Stating that the Indian Judicial system should not get swayed by emotional appeals and public demand, the court said its job is to ensure that a verdict should uphold the integrity of the Indian Judicial system as well as it should serve the broader interests of justice.

Why Court Didn’t Award Death Penalty to Sanjay Roy?

The order specifies that the nature of the crime is "particularly heinous, characterized by its brutality and the vulnerability of the victim". 

The court stated that the Indian judicial system has strict criteria for applying the death penalty, limiting it to cases that are "exceptionally heinous and shock the collective conscience of society".

"When considering the imposition of capital punishment, courts must grapple with a complex web of legal, moral and societal considerations. The principle of proportionality is paramount - the punishment must fit the crime. In cases of extreme brutality and cruelty, where the offence shocks the conscience of society, the argument for the ultimate punishment gains strength. However, this must be balanced against the principles of reformative justice and the sanctity of human life," the order further stated.

Emphasising the potential for rehabilitation, the court said that it is another critical aspect it must take into account. "The judicial system must weigh whether the convict, given the nature and circumstances of their crime, shows any potential for rehabilitation and reintegration into society." 

The court referenced the 1980 judgment in Bachan Singh vs. State of Punjab, which established that "life imprisonment is the rule and death sentence an exception".

Highlighting that the convict had no prior criminal record, the order said, "The judiciary's primary responsibility is to uphold the rule of law and ensure justice based on evidence, not public sentiment."

"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'. Our duty is not to match brutality with brutality, but to elevate humanity through wisdom, compassion and a deeper understanding of justice. The measure of a civilized lies not in its ability to exact revenge, but in its capacity to reform, rehabilitate and ultimately to heal," further stated the order that the case does not fulfill the 'rarest of the rare' criteria.

"The court must resist the temptation to bow to public pressure or emotional appeals and instead focus on delivering a verdict that upholds the integrity of the legal system and serves the broader interests of justice," the ruling states.

What Is RG Kar Case?

A 31-year-old female doctor was found dead in the seminar hall of State-run RG Kar Hospital on the morning of August 9, 2024. The hospital authorities, however, informed the victim’s family that she had committed suicide. It was only when the junior doctors went on a massive protest, further investigations were made into the matter revealing that the victim was raped and later murdered.

This incident spread nationwide outrage including a 24-hour withdrawal of medical services, in solidarity with the victim, who was referred to as 'Abhaya' (the fearless). The incident resulted in the resignation of the hospital's principal, Sandip Ghosh, and the transfer of the hospital's Superintendent. The Supreme Court took suo moto cognizance of the case, expressing concern over the delay in filing the FIR and forming a 10-member task force to ensure the safety of healthcare professionals. 

Following demands from the victim's parents and public interest litigations for a CBI investigation, this request was ultimately approved.

Who Is Convict Sanjay Roy?

The convict of rape and murder in the RG Kar Hospital case, Sanjoy Roy, was a civic volunteer at the Medical College and Hospital. He was arrested on Aug 10, 2024, after a lengthy investigation and his subsequent confession of guilt. The Central Bureau of Investigation (CBI) assumed control of the case from the Kolkata Police on Aug 13, 2024, and assembled a 25-member team to delve into the matter. The CBI's investigation focused significantly on forensic evidence, including DNA findings that connected Roy to both the crime scene and the victim's body.

Further Proceedings In The Case

The West Bengal Government on Tuesday filed an appeal in the Calcutta High Court, contesting the special court's verdict that sentenced convict Sanjay Roy to life imprisonment.

State Advocate General Kishor Datta approached the division bench comprising Justice Debangshu Basak and Justice Shabbar Rashidi, requesting that the convict be awarded the death penalty.

Chief Minister Mamata Banerjee expressed her dissatisfaction stating, “I am convinced that it is indeed a rarest of rare cases which demands capital punishment. We want to insist upon the death penalty in this most sinister and sensitive case.”