Aarushi-Hemraj murder case: Court to examine witnesses

June 8, 2012

court_to_examine

New Delhi, June 8: The Ghaziabad court on Friday will begin examining the prosecution witnesses in the Aarushi-Hemraj double murder case. This comes a day after the Supreme Court dismissed the Talwars' plea to quash the ongoing trial proceedings. Both Nupur and Rajesh Talwar are expected to be in the court on Friday.

Nupur Talwar's lawyer Avinash Kumar said that the option for the Talwars to file a fresh bail application before the appropriate court was still there. "The defence will now review the court order and then decide on the future course of action. We will do what is best in the interest of the Talwars," he said.

Former Joint CP, Delhi Police, Maxwell Pereira said, "I am totally with the CBI. I wonder who has been giving advice to the Talwars and who is benefiting from this. This was a diversion act of Talwars. CBI has rightly said that this is an attempt to delay the proceedings."

"We have found no merit in the review petition and are not inclined to interfere with the order of the trial court," the bench said while dismissing the review petition of the Talwars on Thursday.

Though the bench passed a unanimous decision, Justice Patnaik preferred to write a separate judgement to point out certain infirmities in some portions of the order passed by the trial court.

However, the bench preferred not to interfere with the Special Court's order issuing processes, as the overall circumstances and detailed reasons cited in the impugned order did not warrant any interference.

The bench had on May 16 reserved the order after hearing extensively the contentions of Nupur Talwar and the CBI which had strongly opposed her pleas.

Departing from normal practice of hearing review petitions in the judges' chambers, the apex court had on March 15 decided to hear in open court the petition seeking review of its January 6 order in which it had cleared the decks for the trial of the dentist couple-Rajesh and Nupur Talwar in the murder case by dismissing their plea to quash criminal proceedings against them.

Nupur Talwar had also filed a fresh plea for bail in the pending petition before the apex court in which she had sought review of its decision giving a go ahead to criminal prosecution against her and her husband.

Nupur Talwar had contended that she was not asking for a clean chit in the murder case but wanted a direction to the CBI to re-investigate the case.

Fourteen-year-old Aarushi was found dead with her throat slit at her Noida residence on the intervening night of May 15 and 16, 2008, while Hemraj's body was recovered from the terrace of the house the next day.

Nupur Talwar is now in in judicial custody while her Rajesh Talwar is out on bail. The case for their trial in the twin murder case is pending at a Ghaziabad sessions court.

In between, a non-bailable warrant was issued by the Special CBI Court in Ghaziabad after the Allahabad High Court had withdrawn the protection given to her.

After that Nupur Talwar had approached the apex court seeking bail and protection from arrest.

However, the apex court had on April 27 directed her to surrender on April 30 before the trial court in Ghaziabad.

After the CBI court had dismissed her plea, she was sent to the judicial custody.

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Agencies
January 16,2020

New Delhi, Jan 16: Chief of Defence Staff (CDS) General Bipin Rawat on Thursday said that he supported a negotiated peace deal between the US and Taliban in Afghanistan.

Gen. Rawat was speaking along with other world leaders at Raisina dialogue organised by India's influential think-tank Observer Research Foundation (ORF).

Arguing that terrorism was going to stay in the world as long as states were going to use it against other states, he said it was important to prevent states from using terrorism as a "proxy war".

"The only way to deal with it was what the US did post 9/11," he said, adding that the war against terror was necessary.

However, now a peace deal with Taliban is required, Gen. Rawat said.

"It must be a negotiated peace deal so that the Taliban stops using terrorism," he added. Hinting that the US should maintain its presence in Afghanistan, the CDS said that though Afghan security forces are now equipped to fight back terror groups in Afghanistan but they still need support.

The newly appointed CDS officially confirmed that India has shifted its stance on Taliban. India has traditionally been opposed to the Pakistan-backed Taliban in Afghanistan. Thousands of Afghans were given refuge in India when they fled the country due to oppression and terrorism of the Taliban regime. India is in alignment with the democratically elected government in Kabul that the Taliban remains supported by Pakistan.

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News Network
June 3,2020

Jun 3: Emphasising that airlines are clearly the safest mode of transportation, IndiGo CEO Ronojoy Dutta on Tuesday said there is no evidence yet of coronavirus infection getting transmitted among passengers onboard an aeroplane.

His comments against the backdrop of instances of some passengers, who had taken flights after resumption of domestic air services on May 25, testing positive for coronavirus.

"Those people had the virus before they got on to the aeroplane. What is noteworthy is that they have done the tracing after that. There is no evidence of transmission onboard there... that is a very encouraging sign on the safety of airline travel," he said during an earnings call.

According to him, airlines are clearly the safest mode of transportation and there is no evidence yet of contamination on an aircraft.

"You can come in contaminated but so far there is no evidence of passing it on to a fellow passenger," he noted.

Amid concerns over the coronavirus pandemic, aviation regulator DGCA has asked airlines to ensure that to the extent possible, middle seat in flights should be kept empty.

In this regard, Dutta said the airline would keep the middle seat empty wherever it can and "where we have to fill the middle seat, we will have the extra protective gown".

To a query about possible hedging of fuel prices, he said it would be a dumb idea and that airlines adjust to ups and downs in fuel prices.

"I can't overemphasise what a dumb idea it will be for an airline to hedge fuel prices. I looked at it from different angles and it is not a good idea... we looked at hedging and we talked about it at the board level and we said no," he noted.

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News Network
June 22,2020

New Delhi, Jun 22: The Delhi Police Monday urged the Delhi High Court to grant them a day’s more time for seeking instructions on a plea by Jamia student Safoora Zargar, who was pregnant and arrested under the anti-terror law --UAPA--, seeking bail in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act in February.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, allowed the request after Zargar’s counsel said she has no objection to it and listed the matter for Tuesday.

Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.

During the hearing, Solicitor General Tushar Mehta, representing the Delhi Police, sought a day’s time to take instructions on the issue and said it will be in “larger interest” if he is given indulgence.

Additional Solicitor General (ASG) Aman Lekhi also joined Mehta and said they are ready with the arguments on merits of the case but they do not intend to proceed on merits at this stage.

Advocate Nitya Ramakrishnan, appearing for Zargar, said the woman is in a delicate state and is in a fairly advanced stage pregnancy and if the police need time to respond to the plea, she be granted interim bail for the time being.

The high court asked Solicitor General (SG) Tushar Mehta to come back with instructions on Tuesday.

The police has also filed a status report in response to the bail plea.

Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, has challenged in the high court the June 4 order of the trial court denying her bail in the case.

The hearing in the high court also witnessed exchange of words between Mehta, Lekhi on one side and Delhi government standing counsel (criminal) Rahul Mehra who objected the appearance of the two senior law officers on behalf of Delhi Police in the case.

Mehra contended that unlike another North East Delhi violence matter in which requisite approval was sought by the Delhi Police to be represented by a team of lawyers led by the Solicitor General, no such procedure was followed in this case.

"They know that my view in such cases will be more humanitarian and not as per their whims and fancies. I am not supposed to be the mouth piece of the Delhi Police, I am an officer of the court," he said.

Lekhi shot back "a client chooses the lawyer and a lawyer cannot impose himself on the client.

He said this controversy would deviate the court from the issue in hand and Mehra's objection can be kept aside in this case.

The high court concluded the hearing, asking the counsel for Delhi Police to sort out their battles by tomorrow.

 The trial court, in its order, had said “when you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire.”

It had said that during the course of investigation a larger conspiracy was discernible and if there was prima facie evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.

The trial court had said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act (UAPA).

However, the trial court had asked the concerned jail superintendent to provide adequate medical aid and the assistance to Zargar.

The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.

It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.

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