The judge, who sentenced Sanjay Roy to life imprisonment for the RG Kar rape and murder, had previously sentenced a drug smuggler to death nine years ago.
In a verdict delivered in 2016, Anirban Das, the former additional sessions judge of the Barasat Court in North 24 Parganas, referred to the drug smuggler Ansar Rahman as an “enemy of the nation.” The judge remarked that the convict had "lost his right to live" in society.
In the RG Kar verdict, the same judge determined that Roy's case does not meet the criteria for being classified as a "rarest of rare case," which is essential for imposing a death sentence. Despite this ruling from the CBI's special court on the RG Kar case last Monday, calls for capital punishment continue circulating on social media and among certain segments of Kolkata's civil society.
The CBI, too, moved the Calcutta High Court challenging the lower court’s verdict.
Two drug smugglers, Ansar Rahman and Dipak Giri, were arrested by a team of sleuths of the Narcotics Control Bureau (NCB), who seized 53.5 kg of heroin from their possession. Ansar, a father of three, had previously been arrested and convicted twice before committing this third offense. However, he managed to secure bail from a higher court.
The Narcotics Control Bureau (NCB) charged Ansar and Dipak under sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act that pertain to offenses involving the possession of contraband items for commercial purposes. Additionally, Ansar was charged under section 31(A) of the NDPS Act, which prescribes capital punishment for repeat offenders.
Sentencing Ansar to death, judge Das said in his verdict, “To my understanding, the convict Ansar Rahman had lost his right to live in the society. His conduct proved that he did not change his profession even after previous convictions twice, which was affirmed by the Hon’ble High Court. So, I do not think to sentence him imprisonment for life. I am not in a position to show any soft attitude to this convict even keeping in mind the future of his dependents. I think that death penalty is the appropriate punishment for the convict.”
Explaining the reason behind sentencing Ansar to death, the judge said in his order, “In a murder case, the murderer takes the life of one person but here the quantity of heroin seized was enough to take the life of several people. The use of the said substance can destroy a number of families. By using this huge quantity of such a dangerous manufactured drug the stability of the society could be at stake. The act of the convict is nothing but a war against the stability of the society and he can be termed as the enemy of the nation.”
Why not a death sentence in RG Kar case?
In his RG Kar case verdict, the judge stated that while the crime was brutal and barbaric, it did not qualify as one of the "rarest of the rare" cases.
Considering the mitigating factors, including Roy's lack of prior criminal history, the judge emphasised that the court cannot be influenced by public pressure or emotional appeals during sentencing.
“The judiciary’s primary responsibility is to uphold the rule of law and ensure justice based on evidence, not public sentiment. It is of prime importance that the court maintain its objectivity and impartiality by focusing solely on the facts and evidence presented during the trial, rather than being swayed by public opinion or emotional reactions to the case,” the verdict mentioned.
The verdict added that in the realm of modern justice, one has to rise above primitive considerations such as “an eye for an eye”, a “tooth for a tooth” or a “life for a life”.
“When ingratitude is shown instead of gratitude by “killing” a member of the community which protects the murderer himself from being killed, or when the community feels that for the sake of self-preservation the killer has to be killed, the community may well withdraw the protection by sanctioning the death penalty. But the community will not do so in every case. It may do so “in rarest of rare cases,” the verdict said.
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