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
June 8,2020

New Delhi, Jun 8: Delhi Chief Minister Arvind Kejriwal has announced that malls, restaurants and religious places in the national capital would open from Monday after more than two months since the coronavirus-induced lockdown was imposed, but banquet halls and hotels would remain closed.

At an online briefing on Sunday, Kejriwal said hotels and banquet halls might be converted into hospitals in the coming days to treat coronavirus patients and therefore, they would remain shut.

"Malls, restaurants and religious places will be opening from Monday in Delhi in accordance with the Centre's guidelines," he said.

The city government will comply with the instructions of the Centre and its experts like maintaining social distancing and wearing of masks at these places, Kejriwal said.

"In view of the rising number of coronavirus cases, we might attach hotels and banquet halls with hospitals and convert them into hospitals. Hotels and banquet halls will not be opened for now," he said.

The Centre had said on May 30 that "Unlock-1" would be initiated in the country from June 8 and the lockdown would be relaxed to a great extent.

The Delhi government also issued an order allowing opening of restaurants, shopping malls and places of worship except in the COVID-19 containment zones, "subject to compliance with the Standard Operating Procedure (SOP) issued by the Ministry of Health and Family Welfare".

Kejriwal urged the elderly people, who are at a higher risk of contracting the coronavirus, to confine themselves in a room and not to interact with even the family members in order to protect themselves.

Delhi has so far registered over 27,500 coronavirus cases, including 761 deaths.

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News Network
March 2,2020

New Delhi, Mar 2: Senior Congress leader P Chidambaram on Sunday hit out at Union Home Minister Amit Shah for his comments that no one from the minority community will be affected by amended Citizenship Act and asked why then was the community excluded from the law in the first place.

Addressing a rally in Kolkata, Shah assured people of the minority community that not a single person will lose citizenship due to the Citizenship (Amendment) Act (CAA).

"The Home Minister says that no minority will be affected by CAA. If this is correct, they should tell the country who would be affected by CAA. If no one would be affected by CAA, as it currently is, why did the government pass the law?

"If the CAA aims to benefit all minorities (no one will be affected, says HM), then why are Muslims excluded from the list of minorities mentioned in the Act?," the former finance minister asked in a post on Twitter.

At his first public rally in Kolkata after the 2019 general elections, Shah said, "The opposition is terrorising the minorities. I assure every person from the minority community that the CAA only provides citizenship, does not take it away. It won't affect your citizenship."

"The opposition parties are spreading canards that refugees will have to show papers but this is absolutely false. You don't have to show any paper. We will not stop until all refugees are granted citizenship," Shah told the public.

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News Network
February 17,2020

New Delhi, Feb 17: Indian officials denied entry to British lawmaker Debbie Abrahams on Monday after she landed at New Delhi's Indira Gandhi International Airport.

Debbie Abrahams, a Labour Party Member of Parliament who chairs a parliamentary group focused on the Kashmir, was unable to clear customs after her valid Indian visa was rejected, her aide, Harpreet Upal, told The Associated Press.

Abrahams and Upal arrived at the airport on an Emirates flight from Dubai at 9 am. Upal said the immigration officials did not cite any reason for denying Abrahams entry and revoking her visa, a copy of which, valid until October 2020, was shared with the AP. A spokesman for India's foreign ministry did not immediately comment.

Abrahams has been a member of Parliament since 2011 and was on a two-day personal trip to India, she said in a statement.

"I tried to establish why the visa had been revoked and if I could get a 'visa on arrival' but no one seemed to know," she said in the statement.

"Even the person who seemed to be in charge said he didn't know and was really sorry about what had happened. So now I am just waiting to be deported ... unless the Indian Government has a change of heart. I'm prepared to let the fact that I've been treated like a criminal go, and I hope they will let me visit my family and friends."

Abrahams has been an outspoken critic of the Indian government's move last August stripping Jammu and Kashmir of its semi-autonomy and bifurcating the state into two Union Territories.

Shortly after the changes to Kashmir's status were passed by Parliament, Abrahams wrote a letter to India's High Commissioner to the UK, saying the action "betrays the trust of the people" of Kashmir.

India took more than 20 foreign diplomats on a visit to Kashmir last week, the second such trips in six months.

Access to the region remains tight, with no foreign journalists allowed.

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