Accused Sanjay roy could have got bail due to Lawyer's inordinate delay
By Sushil Kutty
Indians are easily ego-hurt. Otherwise, why would an angry court threaten to grant bail to Kolkata rape-murder prime accused Sanjay Roy? The Sealdah court gave a threat to carry out the threat. Imagine psychopath Sanjay Roy, who raped and murdered the RG Kar trainee doctor in the most horrendous manner thinkable, set free by an angry Chief Judicial Magistrate for a “50 minute delay” engineered by the CBI!
There are other ways to punish “lethargic attitude” than allowing the prime accused to walk. But the Sealdah court couldn't stop fretting that the CBI's ‘IO' wasn't present in court, and the “CBI's lawyer” was running late, lost somewhere in Kolkata's mad-mad traffic. If bail had been granted, it would have been grave injustice to the 31-year-old trainee doctor.
Courts have immense power and with great power comes greater responsibility. If bail had been granted, it would then have been a case of great power and greater responsibility thrown to the winds. The day after, the Sealdah court would have been branded the most irresponsible court in the land.
Of course, there was a reason. The CBI lawyer was taking his own sweet time reaching the court. Where was he for the 50 minutes delay, didn't he know he had an important appointment, part of his duty for which he draws a fee? When he finally arrived, he opposed Sanjay Roy's plea for bail. But what if the Sealdah court had by then granted bail?
Is the CBI doing a good job of investigating the despicable crime, the singularly most egregious criminal act in Kolkata history? People are asking why the CBI has strayed from probing the rape-murder to now investigating “corruption” charges levelled against the Principal of the RG Kar Medical College &Hospital? The court had pointed out the “gravity of the situation” and spoken of “prompt CBI action.”
Fact of the matter is, Additional Chief Judicial Magistrate Pamela Gupta was angry at the “IO's absence” and the lawyer's delay. “Should I grant bail to Sanjay Roy?…this shows a very lethargic approach by the CBI. It's highly unfortunate,” she asked. It is good that she didn't carry out the threat or she would have been in the people's court, facing the people's ire.
Bail for Sanjay Roy is the last thing Kolkata wants. Even the Mamata Banerjee government doesn't want bail for Sanjay Roy. The CBI lawyer was getting late by the minute and CJM Pamela Gupta was losing her cool by the minute. Chief Judicial Magistrate Pamela Gupta said, “If the lawyer isn't present, he should be granted bail.”
The time on the Clock stood at 4:10 pm. The CBI prosecutor appeared to be in a different time zone, and he was running late. At 4.20 pm, the exasperated CJM asked a CBI official to call CBI lawyer Dipak Poria as “it is 4:20 now.” Poria finally arrived at 5 pm and straightaway opposed bail for Sanjay Roy, which didn't surprise anybody.
What if the still angry CJM Pamela Gupta had granted bail, even after Poria landed up in court? CBI wasn't represented in court for 50 long, dragging minutes and Poria was CBI's “full-time lawyer.” CJM Pamela Gupta rejected Roy's bail plea and remanded him to 14 days' judicial custody.
Like they say, there could have been a slip between the cup and the lip. The matter did not end there. The Trinamool Congress labelled the absence and delay as “attempts at sabotaging justice”. Whose attempts? The Bharatiya Janata Party and the Modi government's, who else? Doesn't the CBI work under the direct supervision of the Union Ministry of Home and Union Home Minister Amit Shah is sworn to annex West Bengal for the Bharatiya Janata Party.
There's a belief that the longer the delay, the more the BJP can milk political capital out of the RG Kar horror. Sanjay Roy has no criminal record, yet he's seen as the vilest criminal in the City of Joy. Note that the CBI hasn't cracked the case yet. There is no evidence against Sanjay Roy and it has been reported that after first admitting to the crime, Sanjay Roy later changed plea to not guilty.
At the end of the day (literally, 5pm!), CJM Pamela Gupta did not let anger get the better of her! Instead, she sent the psychopath to jail, which is where he belongs till he hangs. Some slips between the cup and the lip do lift the spirits. Kolkata, City of Joy, should thank Chief Judicial Magistrate Pamela Gupta for the cool head, and cooler temperament and reserve the brickbats for a very irresponsible CBI.
(IPA Service)