The main accused in the rape and murder case of the trainee doctor at Kolkata's government R G Kar hospital has been arrested. Sanjay Roy is currently in CBI custody, and there are demands for his hanging. Meanwhile, Kolkata's Sealdah Court has appointed Kavita Sarkar as Sanjay Roy's lawyer.
Sanjay Roy is accused of raping and murdering the trainee doctor on the night of August 9. He underwent a polygraph test, where he confessed to the crime. Sanjay had crossed all limits of brutality with the trainee doctor. Her body was found in the hospital seminar hall on the morning of August 9. There are demands for Sanjay to be hanged.
However, his lawyer Kavita Sarkar has stated that Sanjay himself wanted to undergo a polygraph test so that the truth could come out. Sanjay claims to be innocent.
Kavita Sarkar also mentioned that when Sanjay agreed to the polygraph test, she was present. Sanjay gave his consent of his own will and was informed of what would happen during the test. Sanjay agreed to the polygraph test because he is under mental pressure due to the accusations and wants to reveal the truth through this test.
But who is Kavita Sarkar? And why does even someone accused of heinous crimes like rape and murder get a lawyer? Let's find out...
Who is Kavita Sarkar?
Kavita Sarkar has been practicing law for 25 years. She started her career at Alipore Court, handling civil cases. She later joined the South Asian Legal Services Association (SALSA) and began handling criminal cases. She came to Sealdah Court in June 2023.
On the question of defending Sanjay Roy, Kavita Sarkar told an English newspaper that everyone has the right to a fair trial, even if they are accused.
She told the local media that fighting cases is her job. She said, as a legal aid lawyer, she will continue to perform her duty according to the law, just as she does in other cases.
According to reports, Kavita Sarkar obtained her law degree from Mohsin College in Hooghly. She is against the death penalty and believes life imprisonment is the harshest punishment.
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Why Do Those Accused of Heinous Crimes Get a Lawyer?
Sanjay Roy's case was reportedly turned down by several lawyers. Consequently, Sealdah Court appointed Kavita Sarkar as his lawyer. She is the only lawyer from the State Legal Services Authority in Sealdah Court, which is why she got this case.
The Constitution of India provides all citizens with the right to a fair trial and justice. This is mentioned in Article 39A of the Constitution.
Article 39A states that the state shall ensure that the legal system promotes justice on a basis of equal opportunity and shall, in particular, provide free legal aid to ensure that no citizen is denied access to justice by reason of economic or other disabilities.
All citizens are entitled to a fair trial. The central government establishes the National Legal Services Authority at the national level, and the state governments establish the State Legal Services Authorities at the state level. When an accused person cannot afford legal expenses or lawyers refuse to take their case, the court appoints a lawyer from the Legal Services Authority.
Also Read: Ten Years Jail for Physical Relations with Promise of Marriage, Death Penalty for Gang Rape... What Will Change for Women in the New Criminal Law?
Even Kasab Got a Lawyer
The 26/11 terrorist attack in Mumbai led to the death of all terrorists except Ajmal Kasab, who was caught alive.
Lawyers refused to take Ajmal Kasab's case. Subsequently, the Maharashtra Legal Services Authority appointed Amin Solkar and Farhana Shah as his lawyers. The Bombay High Court sentenced Kasab to death, and he was hanged in Pune's Yerawada Jail on November 21, 2012.
Similarly, A P Singh fought the case for the Nirbhaya convicts in 2012. Singh presented arguments from the lower court to the Supreme Court. Nirbhaya's four convicts - Mukesh, Vinay, Akshay, and Pawan - were hanged in March 2020.
