The main accused in the case of rape and murder of a trainee doctor of Kolkata’s Government RG Kar Hospital has been arrested. The main accused Sanjay Roy is in CBI custody. There is a demand for hanging him. Meanwhile, Kolkata’s Sealdah Court has appointed Kabita Sarkar as Sanjay Roy’s lawyer.
Sanjay Roy is accused of raping and murdering the trainee doctor on the night of 9th August. He has also been subjected to a polygraph test, in which he has confessed his crime. Sanjay had crossed all limits of cruelty with the trainee doctor. The body of the trainee doctor was found in the seminar hall of the hospital on the morning of 9th August. There is a demand for Sanjay to be hanged.
However, his lawyer Kabita Sarkar has said that Sanjay himself wanted a polygraph test to be conducted so that the truth could come out. Sanjay is calling himself innocent.
Kabita Sarkar said that she was present when Sanjay agreed to the polygraph test. Sanjay agreed willingly and she also explained to him what would happen during the test. Sanjay agreed to the polygraph test because he is under mental pressure due to the allegations and wants the truth to come out through this test.
But who is this Kabita Sarkar? And why does an accused of heinous crimes like rape and murder also get a lawyer? Let’s find out…
Who is Kabita Sarkar?
Kabita Sarkar has been practicing law for 25 years. She started her career from Alipore Court, where she used to fight civil cases. After this, she joined the South Asian Legal Service Association (SALSA) and started fighting criminal cases. She has come to Sealdah Court only in June 2023.
On the question of fighting Sanjay Roy’s case, Kabita Sarkar told an English newspaper that everyone has the right to a fair trial, even if he is an accused.
He told local media that it is his job to fight the case. He said that as a legal aid lawyer, I will continue to do my duty according to the law, as I do in other cases.
According to the report, Kabita Sarkar had obtained a law degree from Mohsin College in Hooghly. Kabita Sarkar is against the death penalty and considers life imprisonment to be the harshest punishment.
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Why should an accused of a heinous crime have a lawyer?
It is being said that no lawyer was ready to fight Sanjay Roy’s case. After this, Sealdah Court appointed Kabita Sarkar as his lawyer. Kabita Sarkar is the only lawyer of State Legal Service Authority in Sealdah Court, hence she got this case.
The Constitution of India gives the right to fair trial and justice to all citizens. This is mentioned in Article 39A of the Constitution.
Article 39A says that the state will make such arrangements so that everyone can get justice on the basis of equal opportunity. No citizen should be deprived of the opportunity to get justice due to financial constraints or any other reason. For this, the government will make arrangements for free legal aid.
All citizens have the right to a fair trial, for this the Central Government creates a Legal Service Authority at the national level and the State Government at the state level. When an accused or any person is unable to afford the legal expenses or the lawyer refuses to fight his case, the court appoints a lawyer from the Legal Service Authority to plead his case.
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Kasab also got a lawyer
There was a terrorist attack in Mumbai on 26 November 2008. All the other terrorists were killed in this attack. Whereas, Ajmal Kasab was caught alive.
Lawyers had also refused to fight Ajmal Kasab’s case. After this, Amin Solkar and Farhana Shah were appointed as his lawyers by the Maharashtra Legal Service Authority. The Bombay High Court sentenced Kasab to death. He was hanged in Pune’s Yerwada Jail on 21 November 2012.
Similarly, AP Singh had fought the case of the culprits of the 2012 Nirbhaya case. AP Singh had presented arguments from the lower court to the Supreme Court. Four Nirbhaya accused – Mukesh, Vinay, Akshay and Pawan were hanged in March 2020.
Source (PTI) (NDTV) (HINDUSTANTIMES)