Wrong-footed CBI un­de­cided on ap­peal

DNA (Daily News & Analysis) Mumbai Edition - - FRONT PAGE -

had set up a team un­der Joint Di­rec­tor Arun Ku­mar who led the mur­der in­ves­ti­ga­tion. Over the fol­low­ing weeks, the team had found the nee­dle of sus­pi­cion not point­ing at the Tal­wars, but at Kr­ishna — Ra­jesh Tal­war’s com­pounder — along with Raj Ku­mar and Vi­jay Man­dal, ser­vants of friends of the Tal­wars.

Ku­mar claimed the agency has solved the case on the ba­sis of ‘sci­en­tific ev­i­dence’ — pri­mar­ily narco-anal­y­sis test re­ports, and ar­rested three men — Kr­ishna, Raj Ku­mar and Vi­jay Man­dal. The in­ves­tiga­tive agency, how­ever, failed to chargesheet the ac­cused, which re­sulted in their dis­charge.

There­after then CBI di­rec­tor Ash­wani Ku­mar saw that the CBI team was un­able to reach any con­clu­sion, and the case was in a mess. So Ash­wani formed a new team led by joint di­rec­tor Javed Ahmed. The team com­prised of Ad­di­tional su­per­in­ten­dent of po­lice AGL Kaul and su­per­in­ten­dent of po­lice Nee­labh Kishore.

It was Kaul who con­duct- ed an ex­ten­sive probe and found that cru­cial link­ing ev­i­dence was miss­ing de­spite the Tal­war cou­ple be­ing the prime sus­pect. He sub­mit­ted the Clo­sure Re­port be­fore a spe­cial judge on Jan­uary 3, 2011. Kaul knew if he chargesheeted the Tal­wars, the onus to prove them guilty rested with the CBI. He how­ever, turned the tables on Tal­wars with the re­port, as then the Tal­wars were sup­posed to prove their in­no­cence. The judge of a CBI court took cog­ni­sance of the re­port and di­rected the agency to frame charges of mur­der and de­struc­tion of ev­i­dence against the Tal­wars.

When Kaul filed the re­port, the CBI di­rec­tor was AP Singh. Singh de­fended his team and said the Tal­wars are not in­no­cent. “The court has not said they are in­no­cent, it has said it is giv­ing them the ben­e­fit of the doubt.”

He, how­ever, also ad­mit­ted the loop­holes in the case. “One of the big loop­holes in the in­ves­ti­ga­tion was that Hem­raj’s blood was never found in the room,” he said.


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