Court denies case papers to Talwar

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.
HT Image
HT Image
Updated on Jan 22, 2011 12:56 AM IST
Copy Link
Hindustan Times | By, Ghaziabad

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.


    Peeyush Khandelwal writes on a range of issues in western Uttar Pradesh – from crime, to development authorities and from infrastructure to transport. Based in Ghaziabad, he has been a journalist for almost a decade.

Close Story

Less time to read?

Try Quickreads

  • It was found that nearly 43% of Mumbai’s area (within BMC limits) houses 75.9% of the city’s population (per census 2011), which has access to a flood shelter within 1km walking distance (Bhushan Koyande)

    Over 35% of population live close to chronic flooding hotspots in city

    Mumbai A recent analysis has revealed that while more than 35% of the city's population is estimated to be living within 250 metres of known chronic flooding hotspots, less than half of the city's population has easy access to flood shelters. In Mumbai, as with other cities, flood shelters are repurposed from existing structures like public schools, hospitals, sports grounds, marketplaces, marriage halls, shelters for the homeless, and offices.

  • Police has lodged a case against an unknown truck driver on Wednesday. (File image)

    Thane: Biker dies after being mowed down by truck; driver absconding

    In a tragic incident, a 24-year-old biker was mowed down after being hit by a trailer at Mankoli, Bhiwandi, Thane on Wednesday night. Police has lodged a case against an unknown truck driver on Wednesday. The driver of the trailer is absconding after the accident. The incident took place at Mankoli Naka near the bridge in Bhiwandi on Wednesday night, when the biker was on his way to Thane.

  • New Delhi, India - February 27, 2022: A view inside QBA Restaurant as the Delhi Disaster Management Authority (DDMA) has ordered to remove all the Covid-19 related restrictions and allowed the restaurants to run on hundred percent of their capacity at Connaught Place in New Delhi, India, on Sunday, February 27, 2022. (Photo by Sanchit Khanna/ Hindustan Times)

    Staff will suffer, feel restaurateurs; customers happy

    On Monday, the Central Consumer Protection Authority prohibited eateries from automatically or by default levying service charges on food bills. This decision has left restaurateurs feeling anxious as they think this isn't in the best interests of their staff. Divyam Oza, co-founder of Gosip-The Happy Bar, Viman Nagar, is extremely disappointed with the decision. Oza shares, “Service charge keeps employees motivated to work harder in such a huge, short-staffed environment.”

  • Incessant rainfall has increased the water levels of Beas, Parbati, Sarvari, Manalsu, Allain and other rivers and rivulets in the hill state. (HT Photo)

    MeT department issues orange alert for heavy rains in Himachal for two days

    Himachal Pradesh got scattered showers on Thursday with the meteorological department warning of heavy rain till July 11 and issuing an orange alert for Friday and Saturday even as rescuers searched for the four men who went missing after flashfloods destroyed three camping sites at Chonjh village in Kullu district on Wednesday.

  • Samta is a free bird after annulment of child marriage. (HT photo | Left to right- Samta, Kriti Bharti and Rekha (Samta’s friend))

    Jodhpur: Married in 2003, girl wins battle as court annuls child marriage

    She was married when was only 2.5 years old but her dreams to become a teacher gave her strength to break the shackles of child marriage. Now after 18 years, Samta is a free bird after annulment of child marriage by a family court in Jodhpur. She was married in 2003 to a young man from Osian tehsil, when she was two-and-a-half years old.

Story Saved
Saved Articles
My Reads
Sign out
New Delhi 0C
Thursday, July 07, 2022