Aarushi Talwar Murder Case: Allahabad High Court Verdict on Conviction of Parents Today

Agencies
October 12, 2017

New Delhi, Oct 12: Five years after 14-year-old Aarushi Talwar and domestic help Hemraj were found murdered, Special CBI Judge S Lal held Aarushi’s parents Rajesh and Nupur Talwar guilty of murder and conspiracy. Nine years since the 2008 double murder that shook the nation, the Allahabad High Court is likely to pronounce its judgment on the conviction of the Talwars on Thursday.

Judge S Lal’s order failed to bring a closure to the case and public opinion remains divided, even after five years of the conviction. Now, it is to be seen whether the High Court is able to answer the questions that shroud the most mysterious murder case that India has seen in recent times.

The dentist couple had then appealed against the CBI Court order at the Allahabad High Court.

In his 210 page order, Judge Shyam Lal relied on circumstantial evidence to hold the Talwars guilty. The most controversial part of his order was putting the onus on the Talwars of proving their innocence. The Indian legal system holds an accused innocent until proven guilty, however, the judge relied on Section 114 and 106 of the Evidence Act to hold the Talwars guilty unless they can prove their innocence.

Section 114 of the Evidence Act:

Court may presume existence of certain facts: The court may presume the existence of any fact which it thinks is likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.

Section 106 Indian Evidence Act:

Burden of proving fact especially within knowledge: When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Using these two sections and relying on 26 circumstances, Judge Lal said that there were four people at L-32, Jalvayu Vihar, Noida Sector 25, on the intervening night of May 15-16, 2008. Two of them were dead. Evidence proves that there was no forceful entry. So the onus is on the Talwar couple to prove that they are not guilty of the murders.

“From the evidence as tendered by the prosecution in the form of oral and documentary evidence, this court reaches the irresistible and impeccable conclusion that only the accused persons are responsible for committing this ghastly crime,” Judge Lal had said pronouncing the Talwars guilty.

Denying the benefit of doubt to the Talwars in the absence of direct and forensic evidence, Judge Lal said, “Proof does not mean proof to rigid mathematical demonstration, because that is impossible; it must mean such evidence as would induce a reasonable man to come to a particular conclusion.” Lal was quoting Lord Fletcher Moulton.

He went on to say, “Law gives absolute discretion to the court to presume the existence of any fact which it thinks likely to have happened. Presumption is an inference of a certain fact drawn from other proved facts.”

Many have questioned this interpretation of the law by the CBI Judge and still there are several unanswered regarding the motive, murder weapon and chain of criminal conspiracy.

Judge Lal cited the pillow cover recovered from Aarushi’s room, with Hemraj’s DNA, as evidence to support the prosecution theory on the murder motive. It suggested that Rajesh Talwar had seen Hemraj and Aarushi together in her room and in a fit of rage hit Aarushi, killing her accidentally and then killing Hemraj in cold blood.

There is no clear evidence to support the above theory but Judge Lal supported the prosecution and said, “It has been held that where a credible evidence exists on record to establish guilt of the accused, it is not necessary to look for a motive. The absence of a motive would not in any manner destabilize the prosecution case, or hamper a conviction.”

“Proof of motive in a case based on circumstantial evidence is of no consequence when evidence is strong and circumstances speak loudly, boldly and clearly,” Judge Lal had said.

Regarding the murder weapon, the prosecution alleged that a golf club belonging to Rajesh Talwar was used for the murder. This was handed over to CBI days after the murder and the investigating agency alleged that this was cleaned up to remove all possible evidence. Judge Lal dealt with the question of the golf club extensively and accepted the prosecution theory, even though the defense lawyers raised questions on the veracity of the CBI claim.

Most importantly, Judge S Lal cited 26 circumstances that proved beyond reasonable doubt that Dr Rajesha and Nupur Talwar not only murdered Aarushi and Hemraj, but also conspired to destroy evidence.

Judge Lal’s observations included the couple’s failure in explaining how anyone could have entered Aarushi’s room when the door was locked from outside and the keys were with the Talwars.

The dressing up of the crime scene, the ‘no outsider’ theory, have all been held against the Talwars by the CBI court. But this is a case where the CBI filed a closure report despite a lack of foolproof evidence.

Thursday’s ruling will see if the Allahabad High Court finds Judge Lal’s reasoning substantial.

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Agencies
January 24,2020

Indore, Jan 24: Around 80 Muslim leaders of the BJP in Madhya Pradesh on Friday resigned from the primary membership of the party in protest over the Citizenship (Amendment) Act, calling it a "divisive" measure.

One of the leaders, Rajik Qureshi Farshiwala, said around 80 Muslim partymen have resigned from the BJP's primary membership after writing to the newly-appointed national president, J P Nadda, on Thursday.

These leaders, who dubbed the CAA "a divisive provision made on religious grounds", include several office- bearers of the BJP's minority cell, he said.

"It was becoming increasingly difficult for us to participate in our community's events after the CAA came into existence (in December 2019).

"At these events, people used to curse us and ask us how long we plan to keep quiet on a divisive law like the CAA?" he said.

"Persecuted refugees of any community should get Indian citizenship. You cannot decide that a particular person is an intruder or a terrorist merely on the basis of religion," Farshiwala added.

In their letter, the Muslim leaders stated, "Citizens have right to equality under Article 14 of the Indian Constitution. But the BJP-led Central Government is implementing the CAA on religious grounds.

"This is an act of dividing the country and against the basic spirit of the Constitution."

Some of the leaders who have resigned are considered close to BJP general secretary Kailash Vijayvargiya.

When asked about the development, Vijayvargiya on Thursday evening said, "I am not aware of the matter. But we will explain (about the CAA) if a person is being misled."

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Agencies
August 8,2020

The Civil Aviation Ministry announced an initial assistance of Rs 10 lakh to the dependents of the deceased in the Kozhikode AIE plane crash, while the Kerala government also announced a compensation of Rs 10 lakh each.

Minister of Civil Aviation, Hardeep Singh Puri, who visited the mishap spot on Saturday, said that a detailed probe is already on and the pilot and co-pilot were highly experienced.

He also announced a compensation of Rs 2 lakh each to the injured and Rs. 50,000 each to those who suffered minor injuries. The other normal compensations would be decided in due course.

Puri said that Captain Deepak Vasant Sathe, aged 59, who commandeered the AIE flight, had a flying experience of 10,848 hours, while co-pilot Akhilesh Kumar, aged 32, had a flying experience of 1,723 hours.

"Deepak was one of the most distinguished and experienced pilots. He had a commanding experience of 6,662 hours and was commander of B-737 aircraft for 4,244 hours. He had also operated to Kozhikode international airport 27 times. He joined AIE in 2013 and prior to that he served with the IAF and HAL. He was a figher pilot and a recipient of prestigious sword of honour and a gold medalist," said Puri.

Puri said that even as the flight slipped down to around 35 feet, a major disaster was averted due to timely rescue operations. Local people played an exemplary role and the fire brigade's timely action of cutting the plane body and rescuing the passengers minimised the casualties, he said.

Chief Minister Pinarayi Vijayan also said that the local people and all rescue and relief agencies did a well co-ordinated job. The state government would also meet the entire treatment expenses of the injured.

Till Saturday afternoon, the total number of deaths was 18. While 149 were still in hospitals, 23 were discharged.

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News Network
July 22,2020

New Delhi, Jul 22: India is responding with utmost urgency to coronavirus from the very beginning and has been continuously strengthening preparedness and response measures, WHO Regional Director (South-East Asia) Poonam Khetrapal Singh said on Wednesday.

"India is responding with utmost urgency to COVID-19 from the start. It's been continuously strengthening preparedness and response measures, including ramping up testing capacities, readying more hospitals, arranging and stocking up medicines and essentials," Singh said at a virtual briefing.

"India took bold, decisive and early measures earlier in the outbreak. The country did not witness an exponential increase in cases like some other countries which reported their first few cases along with India. Like in any other country the transmission of COVID-19 is not homogenous in India. There are areas yet to see a confirmed case, some have sporadic cases, in some areas some small clusters while we are witnessing large clusters in some megacities from the densely populated areas," Singh said.
She said WHO was aware of varying capacities at sub-national levels.

"Not unusual in a country as big as India and its population size that measures taken may often not be uniformly sufficient across all areas. Scaling up capacities and response remains a constant need in India."

Replying on the question of what more needs to be done in controlling the spread of COVID-19, she said all countries including India must continue to implement core public health and social distancing measures.

"Local epidemiology to guide our response for finding hotspots and testing, detecting, isolating and providing care to the affected, promoting safe hygiene practices and respiratory etiquette, protecting health workers and increasing health system capacity is also key," she said.

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