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As the nation reels from the brutal rape and murder of the Kolkata trainee doctor, a lawyer from the city finds herself entangled in what could be one of the most challenging cases of her career. Kolkata-based lawyer Kavita Sarkar has been tasked to defend Sanjay Roy, who has been accused of raping and murdering a trainee doctor at Kolkata's RG Kar Medical College and Hospital on August 9.
It is, anyway, difficult to find lawyers to defend people accused in cases of heinous crimes that become national headlines. This is especially challenging given the massive protests that the horrific crime, in which Sanjay Roy has been named the accused, has sparked across West Bengal.
The rape and murder of the 31-year-old trainee doctor garnered widespread attention and outrage, with protests and demands for justice from the medical community and the public at large.
However, an accused needs to be represented by a lawyer in court for a fair trial. The legal system in India makes provision for that.
Even a terrorist like Ajmal Kasab, caught on camera spraying bullets in the 26/11 terror attacks in Mumbai, was represented in court.
The massive protests made several lawyers refuse to take the case up.
It was at this point that Kavita Sarkar, a lawyer practising in a Sealdah court and member of the State Legal Services Authority (SALSA), was appointed to defend the RG Kar accused Sanjay Roy.
Just as the Pakistani terrorist Ajmal Kasab of the 26/11 Mumbai attack and the six accused in the Nirbhaya gangrape case were represented in court for a fair trial, Sanjay Roy too is being given legal representation. It is in this context that the case has been entrusted to the Kolkata lawyer.
Following the allotment, Kavita Sarkar, appointed by the Sealdah Court to defend Sanjay Roy, proved instrumental in guiding Roy through the legality of his consent to undergo a polygraph test.
Sarkar explained to Roy the nature of the polygraph test, commonly referred to as the lie-detector test, following which the accused agreed to undergo the test, reported The Lallantop.
"I had explained to Sanjay what a polygraph test is and how it works. After understanding everything, he agreed to take the test. He also told me that he's under mental pressure, feeling that he committed the crime, but he still wants the truth to come out," Kavita Sarkar told Suryagni Roy of the India Today Group.
Earlier, Roy had reportedly confessed to his crime in front of the Kolkata Police and the Central Bureau of Investigation. The accused, Sanjay Roy, would be presented in the Sealdah Court on Friday, and Kavita Sarkar would be accompanying him.
Given the gravity of the case and the fact that no lawyer stepped forward to defend the accused, the case ultimately landed with Kavita Sarkar.
Kavita, a 52-year-old lawyer, is also a member of the Legal Aid Defence Council, which provides legal assistance to those who cannot afford to pay legal fees or whose cases no lawyer wants to take up.
According to a report by The Times of India, Kavita graduated in law from the Hooghly Mohsin College and started her career at Alipore Court. She was transferred to the Sealdah court in June last year.
She has around 25 years of experience in legal practice, reported Kolkata-based Ei Muhurte.
Initially, she handled just civil cases before transitioning to criminal law.
It was in February 2023 that she joined the State Legal Services Authority (SALSA) as a criminal lawyer.
"Like everyone, I, too, want justice for victims. But justice, to me, is only served after a court trial, not before. Everyone in this country has a right to a free trial, including the accused," Kavita Sarkar told The Times of India.
Kavita has also paid bail bonds for people who couldn't afford them.
"I have to do my job, which is to defend people accused in criminal cases who do not have a lawyer. It is not this case alone. In the past, too, I have had to pay bail bonds from my salary. The court has asked me to represent the accused. That I will do," she added.
Speaking on the demands for capital punishment for Sanjay Roy, Kavita said, "I personally do not support the demand for capital punishment. For me, incarceration for the rest of my life would be the highest penal provision".
Sarkar, speaking to The Times of India, acknowledged that this is the most high-profile case she has handled. She added, although she hadn't informed her elderly parents yet, she was grateful for her husband's support.
Kavita has also requested the media to not publish her picture — not out of fear, but because she doesn't want any distractions as she tackles this challenging case.
"As a lawyer for Legal Aid, I will continue to fulfil that duty in accordance with the law, as I do in other cases," Sarkar told Kolkata-based Bengali newspaper Ananda Bazar Patrika.
The appointment of Kavita Sarkar is in line with Article 39A of the Indian constitution, which provides for equal justice and free legal aid. It seeks to provide the right for a citizen to have free access to the legal process without any discrimination on account of class, sex, race and creed. Everyone wants justice for the victim, but true justice can only be served after a free and fair trial, and Kavita Sarkar is working to ensure that.
