Voice from the Rooftop

Blog of Vincent Augustine D'Souza

Tag: Rajesh Talwar

Hemraj murder case

Hemraj and Aarushi were murdered. People refer to the case as Aarushi murder case. Hemraj is forgotten.

The case has seen many twists. After Aarushi was found murdered it was said that Hemraj was missing. He was the suspect. Next day his body was found on the terrace.

Rajesh Talwar was the suspect. A police officer called a press conference and said Rajesh Talwar had found Aarushi and Hemraj in an objectionable position, not a compromising position.

Supporters of Rajesh Talwar cried foul. There was a demand to hand over the case to CBI and it happened. The CBI officer let off Rajesh Talwar. Three servants were arrested. Narco tests were done. Attempts were made to put words in their mouths and frame them. There was no evidence against the three.

Years passed. Another officer came. He came to the conclusion that Rajesh Talwar and Nupur Talwar were murderers but that could not be proved. He filed closure report.

There were four people in the house. Two were murdered. Nobody came from outside. The two who remained were guilty. Rajesh Talwar and Nupur Talwar committed murders or one of them committed murders and another abetted in cover-up. As said by fictional detective Sherlock Holmes, “When you have excluded the impossible, whatever remains, however improbable, must be the truth.”

The Talwars were happy that CBI had filed closure report. They pretended they were outraged. They did not know they were suspects.

The court refused to accept closure report and told CBI to pursue the case. The Talwars went on appeals repeatedly and delayed the process. They could hire expensive lawyers. They had friends who appeared on TV channels and defended them.

Nupur Talwar skipped court appearance on 11/4/2012. The special CBI court at Ghaziabad issued a non-bailable warrant against her. CBI went to arrest her. She could not be found at her residence. CBI sent people to different places to find her.

Nupur Talwar appealed in Supreme Court on 12/4/2012 through her lawyer. She did not get bail. She was asked to appear in court. CBI was not prevented from arresting her. She appeared in Supreme Court the next day. The bench comprising Justices B. S. Chauhan and J. S. Shekhar rejected her bail.

What followed was mind boggling. Within minutes of rejection another bench comprising A. K. Patnaik and another judge took up the case of Nupur Talwar. They restrained CBI from arresting Nupur Talwar. They said we have to protect Nupur Talwar. They said the case will go before a bench headed by CJI S. H. Kapadia. CBI said they knew the whereabouts of Nupur Talwar but they had not arrested her.

A. K. Patnaik is a disgrace and a shame. He had no business to take up Nupur Talwar’s petition. Judges like him pervert the system. There will be anarchy. CJI should stop him from functioning. CBI could have gone back to B. S. Chauhan and J. S. Shekhar and they could have said “Who is A. K. Patnaik? Arrest Nupur Talwar right now right here.”

Parliament should start removal procedure against him. Removal is not enough. Law must be changed to hang A. K. Patnaik. He and his associate are like two evil judges in the Book of Daniel. Those two judges framed an innocent woman and sent her to death and Daniel saved her. Here the Supreme Court judges saved a criminal.

On 18/4/2012 in CBI court CBI sought and got extension of non-bailable warrant up to 30/4/2012 and said they will not arrest Nupur Talwar until CJI transfers the case to a bench. A lawyer told the journalists CBI should assume its responsibility and arrest Nupur Talwar. There is no stay on arrest from CBI court, High Court or Supreme Court. CBI is playing a double game. They say they want to arrest Nupur Talwar but do not arrest her.

Sometime back a High Court judge said CBI should be shut down. If CBI knew the whereabouts of Nupur Talwar they should have arrested her. Their search on 11/4/2012 was a farce.

Removal of bad Supreme Court and High Court judges should be an easy process. CBI officers who frame innocent people should be held accountable.

Some chief ministers talk of NCTC being in violation of constitution and federal structure. When Supreme Court or a High Court orders a case to be investigated by CBI it is a violation of constitution and federal structure.

Shame on lawyers who represent and people who defend the Talwars.

Acquittal by media

Sometimes one hears about trial by media, media going too far and media being judge, jury and executioner. One has not heard about acquittal by media.

Sometimes people in media pronounce someone not guilty when the court has announced him or her guilty. Some years back a British girl in USA was found guilty by jury of a murder of a baby. BBC ran a campaign saying she was not guilty. The judge acquitted her.

Once a Delhi Public School student sent an MMS of his girlfriend having oral sex with him. The boy faced prosecution. Some in media expressed sympathy for the boy saying “Oh, he is just a boy.” No thought was given to the girl whose life he destroyed.

Some days back the judge in a Chhattisgarh court found Binayak Sen guilty and sentenced him to life imprisonment. Many people in media pronounced him not guilty or punishment too harsh. TV channels had one sided discussions with people condemning judgment. The prosecutor who prosecuted the case against Binayak Sen was not seen on any channel. The channels gave publicity to a lawyer who came forward to defend Binayak Sen forgetting that the lawyer does not have a track record of defending innocent people but defending murderers, rapists, molesters and all types of crooks. Once in an interview he could not answer questions by Karan Thapar and left without completing the interview.

On 29/12/2010 CBI filed closure report in Arushi – Hemraj murders case. Since then some channels have pronounced Rajesh Talwar not guilty and carried his interviews. CBI report indicates Rajesh Talwar was murderer but there is not enough evidence to prosecute him. UP police had arrested Rajesh Talwar. When CBI took over he was released. Attempts to frame three servants failed. The case went to another team of CBI. There was talk of subjecting Rajesh Talwar and his wife Nupur Talwar to narcoanalysis test. Then came a judgment of the Supreme Court bench headed by K. G. Balakrishnan that a person’s consent is necessary to make him/her undergo narcoanalysis test. After some months CBI filed for closure report.

Some want justice for Arushi. Nobody talks about justice for Hemraj. Nothing about his parents or family members asking for justice appears on TV. In death as in life, people do not care about him.

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