Terming the closure report filed by the Central Bureau of Investigation in the Aarushi-Hemraj murder case as an attempt to cover up its failure to solve the case, Rebecca John, lawyer of the young girl's parents, on Saturday alleged that the agency was indulging in malicious prosecution.
The closure report purportedly mentions Aarushi's father Rajesh Talwar as the only suspect in the case. It also reportedly mentions certain circumstances which, according to the CBI, remained unexplained during investigations and raised doubts over Dr. Talwar's conduct.
One of the reported conclusions cited in the report is that the two murders were in all probability committed by someone present in the house, which was not broken into by anyone on the fateful night. However, the CBI team previously probing the case had concluded that Dr. Talwar's domestic help Krishna, his family friend Durranis' domestic help Raj Kumar and Vijay Mandal had gained entry into the house and committed the murders.
The report also purportedly mentions that the door to the terrace — where Hemraj's body was discovered — never used to be locked earlier. However, Ms. John pointed out that after Aarushi's murder was reported a large number of policemen visited the house. “No one had stopped them from breaking the door to check the terrace. Moreover, there was another door to the terrace that could have been used by them,” she said.
‘Statutory function'
To the purported allegation that attempts had been made to influence the doctor who conducted post-mortem on Aarushi's body, Ms. John said: “Conducting post-mortem is a statutory function of the doctor of a government hospital. If a doctor gives such a statement, he admits to making a false report. Has the CBI recommended any action against the doctor? It is merely using his statement selectively to cover up its inadequacies.”
“It is being said that some phone calls were made to the doctor by a relative of the Talwar family. In that case, the CBI could have easily found evidence to establish it,” said Ms. John, adding that the mere fact that the two CBI teams had reached diametrically opposite conclusions about the role of Aarushi's father and the three suspects, Krishna, Raj Kumar and Vijay Mandal who were arrested by the previous team, was enough to prove that the investigations conducted by the agency could not be relied upon.
Ms. John said that towards the end of the report the CBI itself conceded that it did not have any material to corroborate most of the allegations it had made in the previous half of the report.
“My responses are based on whatever has been flashed in the media over the past couple of days,” she added.
Legal action against the agency is contemplated by Krishna, Raj Kumar and Vijay Mandal, who purportedly have been found innocent by the second CBI team, for falsely implicating them. Their lawyer has applied for an official copy of the closure report. The three may seek compensation from the CBI.
