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Talwar can sue police: experts

Dr Rajesh Talwar who was given a clean chit by the CBI can now slap charges of “malicious prosecution” and “breach of statutory duty” against the police , reports Bhadra Sinha.
By Bhadra Sinha | Hindustan Times, New Delhi
UPDATED ON JUL 12, 2008 08:52 PM IST

Dr RajeshTalwar who was given a clean chit by the CBI can now slap charges of “malicious prosecution” and “breach of statutory duty” against the police officials who arrested him for allegedly killing his own daughter.

Legal experts say, if required, Talwar can also seek disciplinary proceedings against the officials.

Senior advocate Rajeev Dhawan said, “There has been negligence of duty by the Noida police. The CBI appears to have done effective studies before declaring him innocent. Apart from the narco-analysis tests, they carried out scientific investigations.”

Former Delhi High Court judge Justice RS Sodhi said, “Talwar can move the court under the law of torts. He can sue the police for defamation and wrongful confinement, which could be a tricky thing to adjudicate because the police can claim that he was confined under the court orders. However, Talwar’s confinement is illegal because it has been ordered on the basis of wrong information supplied by the prosecution.”

Sodhi also pointed out the “unnecessary drugs” that were administered during Talwar’s narco tests. “If he had used those drugs himself, the law would have prosecuted him under the NDPS Act. But for the sake of investigation, the officials have converted illegality into legality,” he said, claiming that even if Talwar had given his consent for the tests, it is questionable as he was in custody then.

Senior advocate at the Supreme Court Vivek Tankha said that the Noida police’s probe is a sign of how callous our investigators are.

“World over, investigating agencies first conduct the probe, gather evidence and then arrest the accused. In New Delhi, it is the reverse. The police also concoct evidence,” he said. Tankha agreed with his colleagues that Talwar could file a suit against the police officials who cannot defend themselves until they prove that the doctor’s arrest was in good faith.

Justice Sodhi also blamed the judiciary for the mess. “The courts buckled under pressure. Aarushi’s case has raised important questions regarding courts. Time has come for the Judiciary to understand human rights and its values. On Friday, no court stands up to say that I will uphold the Constitution and the laws. Lets see if in this case the courts have the guts to lay down the law,” he said.

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