No scope for fur­ther probe, say le­gal ex­perts

The New Indian Express - - INDIA - SANA SHAKIL @ New Delhi

THE Al­la­habad High Court’s ac­quit­tal of Nupur and Ra­jesh Tal­war in the Aarushi-Hem­raj dou­ble mur­der case has left a big ques­tion unan­swered — the ques­tion over ar­guably the most con­tro­ver­sial mur­der case in per­haps the last two decades — who killed Aarushi and Hem­raj.

The ques­tion that, fol­low­ing Thurs­day’s ver­dict, we may never find an an­swer to. Ac­cord­ing to le­gal ea­gles, in all like­li­hood, the mys­tery over the real killers in the case is likely to re­main for­ever. Se­nior lawyers and jurists told the

New In­dian Ex­press that there is a pro­vi­sion in law un­der which re-in­ves­ti­ga­tion and fur­ther probe can be or­dered by the top court but in this case, that seems like a rare pos­si­bil­ity as the apex court has heard the case on pre­vi­ous oc­ca­sions, adding if fur­ther probe was to be or­dered, it could have been done in the past.

Se­nior ad­vo­cate Aman Lekhi said the sce­nario aris­ing out of the ver­dict was not un­prece­dented but dis­ap­point­ing con­sid­er­ing that the case was probed thrice but re­sulted in no con­vic­tion. The noted crim­i­nal lawyer de­nied the pos­si­bil­ity of fur­ther in­ves­ti­ga­tion in the case given that the CBI is con­sid­er­ing fil­ing an ap­peal against the ac­quit­tal of Tal­wars. He said, “This is a hy­po­thet­i­cal sit­u­a­tion. But even if the case goes to the SC, it will re­sult in ei­ther up­hold­ing of to­day’s judg­ment or quash­ing of the ver­dict. Fur­ther in­ves­ti­ga­tion is or­dered in cases only where glar­ing ev­i­dences are dis­torted.”

Re­tired judge of the Delhi HC jus­tice S N Dhin­gra said, “As per news re­ports, the High Court has not ques­tioned the CBI’s in­ves­ti­ga­tion, the Tal­wars have been given the ben­e­fit of doubt. There­fore, there is no scope for rein­ves­ti­ga­tion or fur­ther in­ves­ti­ga­tion. The case is over as of now.”

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