Rajesh Talwar not to be given CBI documents, rules court (Lead)

A special Central Bureau of Investigation (CBI) court here Friday ruled that no documents pertaining to teenager Aarushi Talwar’s murder be given to her father Rajesh Talwar after the CBI said he was a “suspected accused”. The case will now be heard Jan 25.Accepting the CBI lawyer’s plea, the court said the closure report has already been given to Rajesh Talwar and since he is “not away from being suspected” in the murder of Aarushi, the other documents pertaining to the case cannot be given to him.

It then adjourned the hearing till Jan 25.

The CBI earlier in the day told the court here that it was opposed to handing over documents of Aarushi’s murder case to Rajesh Talwar as he was a “suspected accused” in the case.

In its arguments before the special CBI court, the investigation agency submitted that Talwar was not a complainant and was instead a “suspected accused” and hence not entitled to get documents pertaining to the case.

To this, Talwar’s lawyer Satish Tamta argued that if Talwar was a suspected accused, then why was no charge sheet filed against him. He requested the court to order reinvestigation into Aarushi’s murder in 2008.

Naresh Yadav, the lawyer for three of Talwar’s domestic helps, meanwhile, submitted to the court that a charge sheet be filed against the accused to ensure that the domestic helps are not implicated again.

Aarushi, 14, was found murdered under mysterious circumstances in her parents’ Jalvayu Vihar apartment in Noida, May 16, 2008. Their domestic help Hemraj was initially suspected for the killing, but his body was found on the flat’s terrace a day later.

Rajesh Talwar was arrested soon after the murders but let off when investigators could not find evidence to nail him.

Krishna, Talwar’s medical assistant; Raj Kumar, a domestic help with a family friend of the Talwars; and Vijay Mandal, another domestic help in the neighbourhood, were also arrested during investigations but all were let off due to lack of evidence.

Rajesh Talwar ‘suspected accused’: CBI

The Central Bureau of Investigation (CBI) Friday told a court here that it was against handing over documents of teenager Aarushi Talwar’s murder case to her father Rajesh Talwar as he was a “suspected accused” in the case.

In its arguments before a special CBI court here, the investigation agency submitted that Talwar was not a complainant and was instead a “suspected accused” and hence not entitled to get documents pertaining to the case.

To this, Talwar’s lawyer Satish Tamta argued that if Talwar was a suspected accused, then why was no chargesheet filed against him. He then requested the court to order a reinvestigation into the Aarushi’s murder in 2008.

Naresh Yadav, the lawyer for three of Talwar’s domestic helps, meanwhile, submitted that a chargesheet be filed against the accused to ensure that the domestic helps are not implicated again.

Aarushi, 14, was found murdered under mysterious circumstances in her parents’ Jalvayu Vihar apartment in Noida, May 16, 2008. Their domestic help Hemraj’s body was found on the flat’s terrace a day later.

Rajesh Talwar was arrested soon after the murders but let off when investigators could find no evidence against him.

Krishna, Talwar’s medical assistant; Raj Kumar, a domestic help with a family friend of the Talwars; and Vijay Mandal, another domestic help in the neighbourhood, were also arrested during investigations but were let off due to lack of evidence.

CBI to court: Rajesh Talwar has no locus standi to argue

A special CBI court here adjourned hearing in the Aarushi murder case till Jan 21 and asked the probe agency to provide all documents, including its closure report, to the victim’s parents even as the CBI said her father Rajesh Talwar had no ”locus standi” to argue.

“On the basis of the findings of the closure report, no one can be counted accused hence CBI is directed to provide a copy (to the Talwars),” the court said.

Rajesh Talwar’s lawyer Satish Tamta first pleaded to the court that all documents regarding the Aarushi murder case be made available to him.

Opposing Tamta’s argument, CBI lawyer R.K. Saini told the court that Rajesh Talwar was “no more a complainant now”. He added that the Noida police had already suspected and arrested him in the case, after which he had become the accused in the case so he has “no locus standi” to argue or put his stand in the case before the court.

The court, however, did not agree with the CBI version.

In her order, CBI Special Magistrate Preeti Singh ordered the CBI to provide all documents, including a copy of the closure report, to the Talwars and adjourned the court. It will hear the case next Jan 21.

Aarushi, 14, was found murdered under mysterious circumstances in her parents’ Jalvayu Vihar apartment in Noida, May 16, 2008. Their domestic help Hemraj’s body was found on the flat’s terrace a day later.