Aarushi case: Court dismisses Rajesh plea for CBI documents

Snehesh Alex Philip

Ghaziabad, Jan 21 (PTI) A special CBI court here todaydismissed an application of Rajesh Talwar seeking theannexures submitted by the probe agency along with the closurereport in the murder case of his teenage daughter Aarushi.

The court said it will hold further hearing in the caseon January 25.

The courtroom, earlier in the day, witnessed heatedexchanges between the counsel for CBI and those appearing forthe parents of Aarushi Talwar after the agency opposed theirplea for copies of documents submitted by it along with theclosure report.

The court of special CBI Judge Preeti Singh then hadadjourned the matter till post-lunch.

"These (documents) cannot be supplied. Uttar Pradeshpolice arrested him and hence technically or legally he is anaccused till the court discharges or acquits him," CBI counselR K Saini said.

He quoted a number of Supreme Court judgements besidesthose of the Allahabad High Court to buttress his argument.

Saini said nothing beyond the closure report, which hasalready been given to Rajesh Talwar, should be provided.

He also noted that an FIR was filed by Talwar against hisservant Hemraj who was later found murdered.

The Talwars had on January 11 moved an applicationseeking all documents submitted by the CBI in support of theclosure report.

Talwar''s counsel Satish Tamta objected to his clientbeing called an accused.

"It is not right to call my client an accused at thisstage. The court had observed last time that nobody is anaccused at this stage. We are here in the capacity of firstinformant. To say that they have given wrong information isincorrect. We are not demanding copies of the case diary," hesaid.

"What we want is documents like CFSL reports so that Ican help the court. It is such a big double murder, how canthe case be closed. I don''t want the case to be closed. I amasking for the documents in the interest of justice."

He accused the CBI of having an uncooperative attitude.

Meanwhile, Fatehchand Sharma, counsel for three servantswho were earlier arrested in the case, supported the CBI andsaid Rajesh is an accused like them and hence should not begiven any documents. (More) PTI SAP NES

"The court should order further investigation and direct the CBI to file a chargesheet," Sharma said.

The court after hearing the matter for nearly half anhour adjourned it till after lunch.

Fourteen-year-old Aarushi was found murdered in her roomwith her throat slit at her residence on May 16, 2008. Thebody of Hemraj was found on the terrace the next day.

In its closure report, CBI held Rajesh as the primesuspect but said it had insufficient evidence to file achargesheet against him. The CBI conclusions were trashed byRajesh and Nupur.

The CBI had on December 29 filed a report to end theprobe clearing the names of three servants -- Raj Kumar,Krishna and Vijay Mandal -- in the case.