January 22, 2025: The Central Bureau of Investigation (CBI) on Wednesday strongly opposed the West Bengal government’s appeal in the Calcutta High Court, which sought to enhance the punishment of Sanjay Roy to a death sentence. Roy was convicted of the rape and murder of a trainee doctor at RG Kar Medical College and Hospital in Kolkata last year and is currently serving a life imprisonment sentence.

During the hearing before a division bench of Justices Debangshu Basak and Md Shabbar Rashidi, the CBI argued that only the prosecuting agency in a case has the authority to challenge the adequacy of a sentence. Since the investigation was conducted by the CBI, the agency claimed that the state government lacked jurisdiction to file an appeal in the matter.

“Only the prosecuting agency can challenge the sentence on grounds of inadequacy,” CBI counsel told the court, emphasizing that the state's move to seek a death penalty was not procedurally valid.

The Advocate General, representing the West Bengal government, countered this assertion, stating that the original FIR in the case was lodged by the state police and was only later handed over to the CBI. “Law and order is a subject under the state’s jurisdiction,” he argued, maintaining that the government had the right to appeal for a stricter sentence.

The division bench noted the submissions from both sides and stated that the court would also consider the views of the victim’s family and Sanjay Roy before deciding whether to admit the state government’s appeal.

The case, which has drawn widespread attention and outrage, will now come up for further hearing on January 27.