Aarushi case: Talwars' plea for CBI docs dumped

A special Central Bureau of Investigation court in Ghaziabad on Friday dismissed an application of Rajesh Talwar seeking the annexures submitted by the probe agency along with the closure report in the murder case of his teenage daughter Aarushi.

The court said it will hold further hearing in the case on January 25.

The courtroom, earlier in the day, witnessed heated exchanges between the counsel for CBI and those appearing for the parents of Aarushi Talwar after the agency opposed their plea for copies of documents submitted by it along with the closure report.

The court of special CBI Judge Preeti Singh then had adjourned the matter till post-lunch.

...

"These (documents) cannot be supplied. Uttar Pradesh police arrested him and hence technically or legally he is an accused till the court discharges or acquits him," CBI counsel R K Saini said.

He quoted a number of Supreme Court judgments besides those of the Allahabad high court to buttress his argument.

Saini said nothing beyond the closure report, which has already been given to Rajesh Talwar, should be provided.

He also noted that an FIR was filed by Talwar against his servant Hemraj who was later found murdered.

The Talwars had on January 11 moved an application seeking all documents submitted by the CBI in support of the closure report.

Talwar's counsel Satish Tamta objected to his client being called an accused.

"It is not right to call my client an accused at this stage. The court had observed last time that nobody is an accused at this stage. We are here in the capacity of first informant. To say that they have given wrong information is incorrect. We are not demanding copies of the case diary," he said.

"What we want is documents like CFSL reports so that I can help the court. It is such a big double murder, how can the case be closed. I don't want the case to be closed. I am asking for the documents in the interest of justice."

He accused the CBI of having an uncooperative attitude.

Meanwhile, Fatehchand Sharma, counsel for three servants who were earlier arrested in the case, supported the CBI and said Rajesh is an accused like them and hence should not be given any documents.

"The court should order further investigation and direct the CBI to file a chargesheet," Sharma said.

The court after hearing the matter for nearly half an hour adjourned it till after lunch.

Fourteen-year-old Aarushi was found murdered in her room with her throat slit at her residence on May 16, 2008. The body of Hemraj was found on the terrace the next day.

In its closure report, CBI held Rajesh as the prime suspect but said it had insufficient evidence to file a chargesheet against him. The CBI conclusions were trashed by Rajesh and Nupur.

The CBI had on December 29 filed a report to end the probe clearing the names of three servants -- Raj Kumar, Krishna and Vijay Mandal -- in the case.