"Probe Was Conducted By Central Agency": CBI Approaches Calcutta HC Challenging State's Appeal Seeking Death Penalty For RG Kar Convict

The Central Bureau of Investigation has approached the Calcutta High Court challenging the state's appeal against the life sentence imposed on RG Kar rape-murder convict Sanjoy Roy. The state had approached the High Court seeking the death penalty for the convict.

The plea for admitting the appeal was being heard by a division bench of Justices Debangsu Basak and Md Shabbar Rashidi.

Advocate General appearing for the state submitted that although the central government was empowered to authorise appeals in cases which were investigated by central agencies, in this case, the State could file an appeal under Sections 377 and 378 of the CrPC, since the case had been initially investigated by the state and was later handed over to the CBI by the High Court.

Counsel appearing for the CBI submitted that the state was not authorised to file appeals against cases which were investigated by central agencies and that the central government was the only competent authority to do so.

Counsel relied on the Supreme Court's judgement in Lalu Prasad Yadav's case in the fodder scam, wherein it was held that for matters investigated by central agencies, the state was not authorized to file appeals.

AG countered these submissions stating that in Lalu Prasad's case the appeal was against acquittal, whereas in the present case, it was against inadequacy of sentence and that the present case had not been registered by the CBI, but only re-registered after the HC had transferred the probe.

AG requested time to bring on record more material to substantiate his case. Accordingly, the court granted an adjournment till Monday, 27th January.

Case: State of West Bengal v CBI

Case No: GA/1/2025