"Court Must Not Bow To Public Pressure, Rise Above Primitive Instincts": Kolkata Court While Denying Death Penalty For RG Kar Convict

While refusing the death penalty and imposing a sentence of life imprisonment on RG Kar rape and murder convict Sanjoy Roy, Sessions judge Anirban Das held that while there may be emotional reactions and public opinion in cases of this nature, it was the court's duty to decide the case on merits and not being swayed by external factors. The Court said: The judiciary's primary responsibility is to uphold the rule of law and ensure justice based on evidence, not public sentiment. It is of prime importance that the court maintain its objectivity and impartiality by focusing solely on the facts and evidence presented during the trial, rather than being swayed by public opinion or emotional reactions to the case. Furthermore, the court must consider the rights and circumstances of the accused, as well as the broader implications of its decisions. In this particular case, it is crucial to note that there is no evidence of prior criminal behaviour or misconduct by the convict. "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 society lies not in its ability to exact revenge, but in its capacity to reform, rehabilitate and ultimately to heal," it added.Referring to the landmark judgement of the Supreme Court in the Bachan Singh case which established guidelines for imposing the death penalty, the court said that it was evident that this case does not meet the stringent criteria for being classified as "rarest of the rare." 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 said.In conclusion, this case calls for a carefully considered and appropriate sentence that balances the gravity of the crime with the principles of justice, rehabilitation and the preservation of human dignity. 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, it added.Notably, the West Bengal government has filed an appeal before the Calcutta High Court demanding a death sentence for Roy.BackgroundThe incident, which occurred in August 2024, caused great furore across the country, with the High Court transferring the matter to the CBI, which filed its chargesheet before the sessions court. The matter even travelled up to the Supreme Court, which took it up suo moto to frame guidelines for workplace safety of doctors and to monitor the investigation.In the aftermath of the gruesome incident, there were protests across Kolkata, and the whole country, demanding that the perpetrators be brought to justice. The Calcutta High Court in a PIL, transferred the investigation to the CBI, who took over from the West Bengal CID which had arrested the main accused Sanjoy Roy in the rape-murder case.Various cases were filed before the Calcutta High Court, which also handed over the investigation into the alleged malfeasance and corruption by former principal Sandip Ghosh to the CBI.Cases were also filed against the Officer-in-charge of the jurisdictional police station who had registered the case as one of 'unnatural death' pointing to the fact that the victim may have committed suicide, in alleged connivance with the former principal.However, since the CBI was unable to file a chargesheet in a timely manner against the principal and OC, they were granted bail.Thus, the only remaining accused in the case against whom chargesheet had been filed by the CBI, was principal accused Sanjoy Roy.

"Court Must Not Bow To Public Pressure, Rise Above Primitive Instincts": Kolkata Court While Denying Death Penalty For RG Kar Convict

Srinjoy Das

'Modern justice 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 said.

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