HC strictures put CBI in a dilemma
New Delhi: Allahabad high court’s order accusing CBI of fabricating evidence to nail Talwars in the Arushi-Hemraj murder case may create a dilemma for the agency when it gets down to deliberate its options.
CBI appeared to have taken the verdict of Allahabad HC in its stride and did not seem gung-ho on filing an appeal. The crux of the HC verdict- Talwars deserve benefit of doubt because of lack of enough evidence- mirrored the stand CBI took in the trial court in December 29, 2010 by filing a closure report. It was the trial court which rejected CBI’s plea and asked the agency to prosecute Talwars.
Besides, CBI also has to reckon with the fact that challenging Allahabad HC judgement in the Supreme Court is going to be a long drawn process, and that the exercise will see CBI , considering that there is no scope for fresh investigation, making the same arguments.
But HC’s indictment of the CBI may have complicated mat- ters for the agency, forcing it to take a hard look at what should it do. The two-judge bench accused the agency of tampering with and planting evidence as well as tutoring witnesses in order to frame the dentist couple.
The harsh words pose a serious challenge to the credibility of the probe agency and could turn out to be the goad for the leadership to approach the Supreme Court to get, as an officer put it, its name cleared. “To salvage its credibility, CBI can challenge the acquittal and strongly argue its case against Talwars in the Supreme Court,” said the officer. The final call in the matter will be of CBI director Alok Varma.
This year itself, CBI had moved the Bombay high court challenging the Goa Children’s court order acquitting two persons charged with sexually abusing British teenager Scarlett Eden Keeling and leaving her to die on Anjuna beach in 2008.
The agency officially maintained on Friday that “it will study the Allahabad HC order in Aarushi-Hemraj murder case, and then take a call”.