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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News Network
January 12,2020

Kolkata, Jan 12: Strongly defending the new citizenship law, Prime Minister Narendra Modi said on Sunday the dispute that has arisen over it has made the world aware of persecution of religious minorities in Pakistan.

He, however, deplored that a section of the youth is being “misguided” over the Citizenship (Amendment) Act, which is aimed at giving and not taking away anybody's citizenship rights.

“CAA is not about taking away citizenship, it is about giving citizenship. Today, on National Youth Day, I would like to tell this to the youngsters of India, West Bengal, North East that this is not an overnight law for giving citizenship.

“We must all know that any person of any religion from any country of the world who believes in India and its Constitution can apply for Indian citizenship through due process. There's no problem in that,” he told a gathering at Belur Math, the headquarters of Ramkrishna Mission.

Modi said even Mahatma Gandhi had favoured Indian citizenship to those fleeing religious persecution and that his government has only delivered on the wishes of the freedom fighters.

Referring to anti-CAA protests in the North-East, Modi vowed to protect the distinct identity and culture of the people of the region, and asserted the new law will not hurt their interests.

“We've only done what Mahatma Gandhi had said decades ago. Should we send these refugees back to die? Are they our responsibility or not? Should we make them our citizens or not?” he said, evoking a thunderous applause by the gathering.

Modi said some people with political interests are deliberately spreading rumours about the new citizenship law, despite “complete clarity” over the CAA.

“Our initiative to amend the citizenship act has created a dispute. It is the result of our initiative that Pakistan will now have to answer why they have been persecuting minorities for the last 70 years. Human rights have been demolished in Pakistan,” he said.

Seeking to assuage the concerns of the people of the North-East, Modi called the region “our pride”. “Their culture, traditions and demography remains untouched by this amended law,” he said.

He said the citizenship law was only “changed a little” for those who were ill-treated in Pakisan after Partition.

“They were having a bitter time living there. Women were in danger of losing their pride,” he said.

“Young people have understood the whole thing but those who want to indulge in politics over it will not,” he said.

Modi said five years ago, there was disappointment among the youth of the country, but the situation has changed now.

“Not just India, the entire world has a lot of expectations from the youth of the country. The youth are not afraid of challenges....they challenge the challenges,” he said at the Belur Math, the abode of Swami Vivekananda for several years until his death in 1902, aged 39 years.

Modi, an ardent devotee of Vivekananda, spent the night at the Math.

He has a long association with the Ramkrishna Mission order founded by Vivekananda in 1897. Inspired by the teachings of Vivekananda, Modi had arrived at the Mission Ashram in Gujarat's Rajkot and expressed desire to join the order.

Swami Atmasthananda, who later went on to become the 15th president of the Ramakrishna Math and the Ramakrishna Mission, then headed the Rajkot branch and had advised him that sanyas was not for him and that he should work among people.

During those days, Modi used to regularly meet Atmasthananda and sought his spiritual guidance.

Although Modi went back after spending some time there his the relationship with Swami Atmasthananda and the Ramkrishna Mission continued.

Whenever Modi used to visit Kolkata, even during his days as Gujarat chief minister, he would travel to the Math.

In 2013, during his Kolkata visit, he had gone to Belur and sought the blessings from Atmasthananda.

He had in 2015 called on ailing Swami Atmasthananda at Ramakrishna Mission Seva Pratisthan, a hospital run by the Mission in south Kolkata and enquired about his health.

After Atmasthananda's death in 2017, Prime Minister Modi had termed it as a “personal loss”.

On Sunday, the prime minister paid tributes to Swami Vivekananda on his birth anniversary, which is celebrated as the National Youth Day, and spent some time in the spiritual leader's room in quietude.

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Agencies
June 19,2020

Kota, Jun 19: In a shocking incident, a COVID-19 patient in Rajasthan's Kota district died after his family disconnected the ventilator to plug in the air cooler to combat the scorching heat.

The incident happened on June 15 in the Maharao Bhimsingh Hospital (MBS) hospital.

A committee was formed soon after the death was reported, which will submit its report on Friday at 4 p.m., hospital Medical Superintendent Naveen Saxena told media persons.

He said, "We have set up the committee to investigate the incident based on the primary information. The committee includes deputy superintendent of the hospital, nursing superintendent and CMO. We will look into the matter and then shall explore further action for a need to go to the police."

The family members of the COVID-19 patient, who came to meet him in the MBS hospital unplugged the ventilator and had put on the cooler switch which they had brought from outside. The ventilator worked for some time on the battery but later it collapsed and the patient turned critical.

The doctors were reported of the patient's critical condition who came rushing and did all they could do to save his life, but the result was unfavourable and the patient died.

The doctors were reported of the patient's critical condition who came rushing and did all they could do to save his life, but the result was unfavourable and the patient died.

The relatives, on the other hand, attacked the resident doctors after the patient died.

Doctor Varun, on duty, submitted a written complaint to the officials, alleging that the patients' relatives misbehaved with the staff. Other resident doctors also supported him and boycotted work very briefly, but then later resumed work.

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News Network
May 13,2020

New Delhi, May 13: With an increase of 3,525 COVID-19 cases reported in the last 24 hours, India's tally of positive coronavirus cases rises to 74,281 cases, as of Wednesday, said the Ministry of Health and Family Welfare.

The tally is inclusive of 47,480 patients who are active coronavirus cases and 24,385 patients who have been cured/discharged and one patient migrated.

With an increase of 122 deaths due to COVID-19 reported in the last 24 hours, the number of deaths in the country now stands at 2,415.

According to the ministry, Maharashtra has the most number of positive COVID-19 cases with 24,427 positive cases that include 5,125 patients recovered and 921 fatalities.

Gujarat has reported 8,903 COVID-19 cases inclusive of 3,246 recovered patients and 537 deaths due to the coronavirus.

Tamil Nadu reported 8,718 positive coronavirus cases with 2,134 patients recovering from the disease and 61 succumbing to the infection.

Delhi's tally of COVID-19 cases stands at 7,639 cases with 2,512 patients recovering and 86 patients died due to coronavirus.

Meanwhile Arunachal Pradesh (one case reported--now recovered), Goa (seven cases reported--all seven recovered), Manipur (two cases reported--both recovered) and Mizoram (one case reported--now recovered) have reported no new cases of COVID-19.

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