Battle for justice still not lost

Amid outrage over the CBI’s closure report in the Aarushi Talwar murder case, legal experts on Wednesday said it was wrong to presume that it was all over, as the trial court has the power to order a re-investigation. Harish V Nair reports.

Amid outrage over the CBI’s closure report in the Aarushi Talwar murder case, legal experts on Wednesday said it was wrong to presume that it was all over, as the trial court has the power to order a re-investigation.

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They said the report submitted before the court was the view of the CBI’s investigating officer, and the court after perusing it can accept or reject it. Another option was an appeal by the family of the victim against closing the case.

Former judge of Delhi high court RS Sodhi, who had handed down life sentence to Manu Sharma, main accused in the Jessica Lall murder case, overturning the trial court judgment, said: “Hue and cry over the issue that Aarushi will not get justice is misplaced. The matter is before a court. It can reject the CBI closure report and order a re-investigation. It has happened in so many cases.”

“What the CBI submitted before the court is just the opinion of the investigating officer. The court can take a fresh look and order a re-investigation. When such closure reports are filed in haste, one needs to remember that country’s criminal justice system is tarnished. Remember the CBI is the country’s premier investigating agency,” said noted criminal lawyer KTS Tulsi.

Former judge of Delhi high court JD Kapoor, who had heard the Bofors Pay-off case, said: “The CBI can say whatever it wants to say. But it is up to the court to take an ultimate view. They can order re-appreciation of forensic evidence, medical evidence and summoning of more witnesses keeping in mind all circumstantial evidence which the investigating agency had produced before it.” Legal experts also feel that even if the court accepts the closure report and discharges all the accused, family of the victim can move a higher court.

Parents of Aarushi have already decided to challenge the closure report. When asked if they will file an appeal against the case closure report filed by CBI, their lawyer Rebbecca John said “Of course we will. This is not the last and final as far as we are concerned. We are the complainants in the case.”