CBI flip-flops in probe led to ac­quit­tal of the Tal­wars

The New Indian Express - - INDIA - EX­PRESS NEWS SER­VICE @ New Delhi

THE ac­quit­tal of den­tist cou­ple Ra­jesh and Nupur Tal­war in the mur­der of their daugh­ter Aarushi and do­mes­tic help Hem­raj in 2008 by the Al­la­habad High Court Thurs­day could sig­nal the endgame to the saga of flip-flops by “premier” in­ves­tiga­tive agency — the CBI.

While the CBI of­fi­cially said it will study the de­tailed judg­ment of the Al­la­habad HC be­fore de­cid­ing to go on ap­peal against the ac­quit­tal be­fore the Supreme Court, in­sid­ers said the agency had es­sen­tially filed a clo­sure re­port be­fore the des­ig­nated court in Ghazi­abad say­ing it does not have ev­i­dence to prove the al­le­ga­tions and an ap­peal may not be ten­able. Through the clo­sure re­port, the agency, how­ever, made the con­tro­ver­sial dis­clo­sure that it be­lieved that Ra­jesh had killed Aarushi fol­low­ing which the trial court took cog­ni­sance of the re­port as a chargesheet and sub­jected the ac­cused to trial and sub­se­quently con­victed them.

“Now that the High Court has ac­quit­ted the Tal­wars re­vers­ing the trial court or­der, the agency can­not go on ap­peal be­fore the SC say­ing it does not have ev­i­dence against the den­tist cou­ple,” a CBI of­fi­cial said.

For­mer CBI chief A P Singh, dur­ing whose ten­ure the re­port was filed be­fore the trial court, in­di­cated the dif­fi­culty the CBI faced in ap­peal­ing the HC or­der. When asked if an ap­peal in the SC will be of help to the CBI now, he said, “I am sure it will, pro­vided they de­cide to file (an ap­peal).”

The ini­tial probe led by then joint di­rec­tor Arun Ku­mar had sought to chargesheet three do­mes­tic helps (Raj Ku­mar, Kr­ishna and Vi­jay), all friends of Hem­raj, cit­ing en­try from out­side the res­i­dence of the Tal­wars in Noida. How­ever, when Ash­wini Ku­mar took over as di­rec­tor of the CBI he changed the probe team and handed the case to SP Nee­labh Kishore un­der the then joint di­rec­tor Javid Ahmed. The new team in its probe said there was no en­try from out­side and a golf club was re­cov­ered from the Tal­wars’ res­i­dence and sug­gested it was used to in­flict fa­tal in­juries on Aarushi and Hem­raj. How­ever, some­one had drinks in Aarushi’s room and there were blood­stains of both Aarushi and Hem­raj on the glass but the fin­ger­prints of the per­son could not be es­tab­lished.

From what I have learnt the High Court has given them (Tal­wars) the ben­e­fit of doubt which is what we had said in our clo­sure re­port, i.e. in­suf­fi­cient ev­i­dence to pros­e­cute the Tal­wars A P Singh, for­mer CBI di­rec­tor

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