Talwars to get CBI report, court says nobody can be called accused (Second Lead)
By IANSFriday, January 7, 2011
GHAZIABAD - A special court here Friday granted murdered teenager Aarushi Talwar’s parents a copy of the CBI’s closure report on the unsolved case, and observed that no one can be called an accused on the basis of the agency’s report.
“No one can be accounted as accused,” observed Central Bureau of Investigation Special Magistrate Preeti Singh while passing an order to provide a copy of the closure report to the Talwars.
In her order, the special magistrate said it was found that although the CBI suspected Rajesh Talwar to be the killer of his daughter Aarushi, it has not charge sheeted him. The case diary also has not been submitted along with the closure report.
“In such circumstances, no one can be accounted as accused in the case. Rajesh Talwar is also the first informant in the case, hence it is justified to provide him a copy of the closure report. So, CBI is directed to provide him the copy of the closure report.”
Earlier at 10.30 a.m. Friday when the case was taken up by the court, Rajesh Talwar’s lawyer Satish Tamta requested the court to provide them with the documents. He said that since the court issued a notice to Rajesh Talwar earlier on Jan 3, a copy of the closure report be provided to them so they can put before the court their protest against closing the case.
Opposing him, CBI lawyer R.K. Saini said that since Rajesh Talwar was arrested by the Noida police and seems to be the main suspect, as a suspected accused he has no locus standi to get a copy of the closure report.
After hearing arguments from both sides, CBI Special Magistrate Preeti Singh in her order stated that at this stage “no one can be accounted accused”. As Rajesh Talwar was the first informant of the case, a copy of teh closure report be provided to him.
Commenting on CBI’s stand before the court, Khalid Khan, a leading lawyer said under section 173 of the Criminal Procedure Code (Cr.PC), the agency had two options - either to file a charge sheet against Talwars or file a closure report.
“It has no third option. Hence, the CBI has filed closure report,” said Khan, who had opposed the CBI in the Nithari serial murder cases.
“In strict legal terms, the investigation agency has closed the case under whatsoever circumstances. So, it cannot term Rajesh Talwar as an accused or suspected accused. Here, the CBI is trying to pass its investigation problems to the court. If it has evidences, then who stopped it from filing the charge sheet?” added Khan.
The court will hear the case on the CBI’s closure report Jan 21.
Aarushi, 14, was found murdered under mysterious circumstances in her parents’ Jalvayu Vihar apartment in Noida, Delhi’s suburban town in Uttar Pradesh, May 16, 2008. Their domestic help Hemraj, who was initially suspected for Aarushi’s murder, was found killed on the flat’s terrace a day later.
