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Court denies case papers to Talwar

delhi Updated: Jan 22, 2011 00:56 IST
Peeyush Khandelwal
Peeyush Khandelwal
Hindustan Times
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A CBI court on Friday rejected Dr Rajesh Talwar’s application seeking the copies of crucial annexure-documents submitted along with the agency’s 31-page final report in Aarushi-Hemraj murder case.

Along with its closure report, the Central Bureau of Investigation (CBI) had on December 29 last year attached a list of 140 witnesses, a list of 101 documents related to the case evidence and a list of 93 articles related to the crime scene as annexure.

CBI’s closure report had found Talwar - father of Aarushi who along with family help Hemraj Banjade was killed on May 16, 2008 in Noida - as a suspect in the case based on circumstantial clues but also stated that it lacked critical evidence to chargesheet him.

The annexure, considered key to the case’s probe that the agency is wary of sharing with suspect/s, also contained witness testimonies recorded in court.

Among these witnesses are Talwar’s friends, Dr Rajiv Kumar and Dr Rohit Kochar who recorded their testimonies on December 15, 2010. The annexure also contains photographs and examination memos of the scene of crime, post-mortem reports, viscera-sample reports, various forensic-reports and mobile-call records among others.

In its two page order on Friday, CBI special judicial magistrate (SJM) Priti Singh stated that order on the final report was pending and the copies of the case-related documents cannot be provided to the applicant/complainant or any other person at this stage. Further hearing would take place on January 25, the order said.

Talwar, earlier on January 11, had submitted an application seeking copies of these annexure-documents to enable him to file a protest-petition. He maintains that case should not be closed. CBI, already in a denial mode to hand over annexure-documents to Talwar, completely opposed his application on Friday with CBI counsel RK Saini citing various Supreme Court and High court rulings.

“Technically, Talwar is an accused in the case as he was arrested by the Uttar Pradesh police and presently not discharged or acquitted by the court. We have given him a copy of the closure report and nothing more can be given. He has no locus-standi. First-informant in the case has right only if the accused named by him was let off,” Saini told court.

Talwar’s lawyer Satish Tamta objected and argued that no order was passed on the final report and it was wrong to term his client as an accused.

“We were issued notice and called by court in capacity of a first-applicant. The CBI final report nowhere mentions that FIR lodged by Dr Rajesh Talwar was false. We are not asking for the case diaries. We want the documents to file a protest-petition in the case and to further say that what more can be done to crack the case,” Tamta told the court.

Tamta also accused the CBI of maintaining a ‘non-cooperative’ attitude.

Dr Rajesh Talwar is a first complainant in the twin-murder case as he had lodged an FIR against Banjade after the incident which took place on the intervening night of May 15-16, 2008 at his Jalvayu Vihar residence in Noida. Banjade’s body was later found on the terrace on May 17, 2008.

In its final-report, the CBI had termed original three accused Raj Kumar Sharma, Krishna Thadarai and Vijay Mandal as “innocent” and found that sufficient evidence were not available to prove offence under murder and destruction of evidence against Dr Talwar.