On the directions of a designated court here, CBI officers on Friday handed over a copy of the closure report on the Aarushi-Hemraj murder case to counsel for the girl's father, Rajesh Talwar. The court said though the Central Bureau of Investigation named Dr. Talwar a suspect, it had not filed a charge sheet against him.
When the proceedings began around 10.30 a.m., Dr. Talwar's counsel Satish Tamta sought a copy of the closure report so that he could prepare a reply to the notice issued on Monday, asking him to show cause why the report should not be accepted.
CBI objection
CBI counsel R.K. Saini raised an objection, stating Dr. Talwar was an accused in the May 2008 double murder case, and hence he should not be given a copy. When it was pointed out that he was the first informant, counsel said a first information report could also be filed as red herring. This argument was rebutted by Dr. Talwar's counsel.
Mr. Saini said, “Dr. Talwar had first informed [the police] that Hemraj [45-year-old domestic help] was involved in the murder [of his 14-year-old daughter], but Hemraj was also found murdered.” Dr. Talwar was arrested by the Noida police, counsel added.
When Special Judicial Magistrate Preeti Singh asked the CBI if it had filed a charge sheet, Mr. Saini said it was up to the court to either direct further investigation, take cognisance of the closure report for proceedings or, if it felt that the case could be closed, issue notice to the informant.
After hearing both sides, the judge said the closure report submitted by the CBI certainly raised suspicion on Dr. Talwar. However, the agency had not filed a charge sheet against him. As the case diary and other documents filed by the CBI had not yet been perused by the court, any opinion on any person being guilty could not be given.
“As Rajesh Talwar himself is the first informant, the CBI is directed to provide him a copy of the closure report,” said the judge.
As directed on Monday, the investigating officer submitted the case diary and annexure documents on Friday. The CBI had filed the closure report on December 29, giving a clean chit to Dr. Talwar's servant Krishna; Raj Kumar, domestic help of his family friend Durranis; and Vijay Mandal, domestic help of his neighbour. The report, however, mentioned Dr. Talwar as a suspect.
The court fixed January 21 for the next hearing.
“Why did you do this?”
Earlier, Dr. Talwar's dentist wife confronted a CBI officer inside the court, asking him why the agency filed such a closure report. “Why did you do this? You will have to answer God,” said Dr. Nupur Talwar. When the officer turned away, she said: “You cannot escape by turning your back on me.”
The doctor-couple, along with their relatives, had arrived in the court well before the proceedings began.
