Who is RealIy In Jail In India??? - Page 28

Dr Talwar has ground to sue for defamation

12 Jul 2008, 0221 hrs IST, Abhinav Garg,TNN

NEW DELHI: The admission by CBI on Friday that it had no evidence against Rajesh Talwar in the twin murders despite a 49-day detention provides the Noida dentist ample ground for seeking compensation and holding his tormentors to account.

Given the calumny inflicted upon him with a succession of sleaze stories surrounding his daughter Aarushi's murder, lawyers feel that the Noida police, which arrested Talwar on May 23, and to a lesser extent CBI, which took over the case on June 1, will have a lot of explaining to do if Talwar decides to seek legal remedy.

The doctor will have several options for redress once he is formally discharged from the case, which is likely to happen after CBI submits its charge sheet. He can file a civil defamation suit for damages or initiate criminal defamation proceedings.

He could, on the other hand, file a writ petition before the Allahabad high court for blatant violation of his fundamental rights.

Mental agony, loss of reputation and character assassination are some of the settled grounds on which courts usually decide such cases and the plight suffered by Talwar covers all these grounds, explain lawyers. Talwar was also a victim of malicious prosecution and his plea for compensation or damages has a good chance of succeeding in courts, they say.

Counsel seeks departmental action against Noida cops

With the CBI admitting on Friday that they had no evidence against Dr Rajesh Talwar, the dentist's legal advisor, Pinaki Mishra, was relieved that his client finally stood in the clear and sought departmental action, even "removal from service" of Noida police officials responsible for Talwar's arrest. "In India there is no remedy against police excesses. The option of approaching courts comes into play only after he is discharged. We hope it doesn't come to that and police brass take action against the errant officers now that CBI has given my client a clean chit," Mishra said.

Senior advocate K T S Tulsi, while welcoming Talwar's release, hoped the state would compensate the beleaguered father rather than wait for a court order to get moving. "It is very rare for an investigating agency to accept its mistake, I compliment CBI for that. Usually, mistakes like these take a long time to correct and by then the damage has been done. Talwar is a dentist, an educated person and his greatest asset - his reputation - is in tatters. So, reparation should be done by the state itself which should step forward and show magnanimity," Tulsi said, adding that such an act would spare Talwar the need to invest afresh in legal remedies.

Recalling the recent case of Delhi school teacher Uma Khurana, who was put behind bars as a result of a fake sting operation only to be later released, criminal lawyer Tarun Goomber was of the view that courts would take a favorable view of such blatant excess by the cops. "Even though it was a section of media which was responsible for Khurana's plight, HC took Suo motu cognizance and stepped in. Talwar's is a case where the cops have been put in the dock, so to say, by CBI and he has every reason to believe he was maliciously prosecuted."

I concur without an iota of hesitation.

Times View: Media, cops need to do some soul-searching

12 Jul 2008, 0230 hrs IST

The tragic death of Aarushi Talwar was bad enough. But her family was then made to die a thousand deaths. Dr Rajesh Talwar was named the prime suspect in the murder of his own daughter — the worst crime any parent can be accused of.

He was kept in custody for over a month, even though the cops had to finally confess that there was no evidence against him.

Meanwhile, the dead Aarushi and her parents were subjected to the worst kind of mud-slinging and character assassination. Police not only bungled the investigations from Day One, but also acted with frightening irresponsibility in purveying half-baked theories and insinuations.

The media — especially some news channels out to boost ratings at any cost — also erred in blindly accepting everything the cops said and sensationalizing it further.

On its part, TOI would like to unconditionally apologies to the Talwars for any insensitivity that may inadvertently have crept into its coverage of the case.

Some serious soul-searching is called for, on the part of both police and the media, to ensure that innocent people who are already living through a nightmare are not plunged further into a hellish existence.

It's about time. Better late than never.

Originally posted by: uknaik99

Here something interesting...

Sobhraj is currently in Kathmandu's central jail

Kathmandu: With his extensive knowledge of crimes, criminals and the Indian Penal Code, Charles Sobhraj is offering the CBI tips on 14-year-old Aarushi Talwar's murder.

This is simply mindboggling. A perverted cannibalistic psychopathic serial killer giving tips to the C. B. I. on solving the Aarushi Hemraj murders. Now I have heard it all.

Yeh right Sobhraj, your theory of jealousy and the two boyfriends makes a lot of sense. I can't even say keep your day job you perverted cannibalistic psychopathic serial killer.

I am very skeptical about the involvement of the whole slew of servants. I still believe that this was the work of highly professional hit men. The C.B.I. should investigate the "Chit Fund" racket that Hemraj was operating. Most premeditated killings usually occur for "love" or "money" with "lust" being the third.

I still believe that Aarushi opened her locked door because she heard something. She was able to open her room door since it was a latch system that required a key from the outside but a simple turn of the knob from the inside. That she witnessed something she was not supposed to and unfortunately paid for it with her life.

I have no idea why all the law enforcement folks are so obsessed with and focusing on the rape, revenge and honor angles. I have said from day two that the parents have nothing to do with the crime. This case and that of Jon Bennet Ramsey on December 26, 1996 are very similar. The only difference is that Jon Bennet had been sexually assaulted and garotted. According to the Noida Police autopsy report, Aarushi had not been sexually assaulted and had died from a blunt force injury to her skull, and the slashing of her throat. The fact that she had not been sexually assaulted tells me one thing loud and clear, that this was the work of focused, methodical, and very experienced killers, i.e. professional hit men. I hope that the C.B.I. does some serious soul searching. All their bloody tests on the slew of servants are totally meaningless, since even an average defense attorney can flush those down a toilet in a court of law.

Originally posted by: SolidSnake

CBI deserves this, they have bungled so badly in this case despite having all kinds of resources. Either killers are so smart ki koi evidence nahi chhoda, yaa phir CBI mein bewakoof aur incompetent log bhare hain..yaa phir dono baatein sach hain. Shobhraj being a criminal does not invalidate his points, he raises valid points.

Aarey SolidSnake bhai farq iitna hee hain keh yeh Sobhraj hai koi Dr. Hannibal Lecter, brilliant psychiatrist, nahi. 😉

Originally posted by: tina59

There are so many loopholes, I still cant beleive that inspite of two people being murdered by 4 people, their parents were sleeping soundly.

As per the narco test, Hemraj raised an alarm when he realised what was done to Arushi, how could the parents not heard anything

Its also said that Arushi screamed before being hit on the head, why didnt the parents wake up then?

The talwars who lock the Arushi's room daily conveniently forgot to lock her room on that particular day.

If Krishna was angry with Talwars, wouldnt he go after Rajesh talwar who was sleeping in the other room than Arushi.

If Krishna was angry with Rajesh Talwar, what was the need for Rajkumar and the other guy to help him.

Why did the Talwars rush to haridwar to do her last rites when its common sense to wait till the police autopsy concludes.

Why would the accused trio still keep Hemraj's phone switched on after they murdered him, I mean they cant be so dumb.

If they acted under alcohol, why would they take the time to lock the terrace door......

I still cant beleive the Talwars inspite of all this were sleeping without any clue, thats ridiculous with 5 people 4+1(arushi) involved in the immediate next room.

I hate Aaajtak for blantantly acquiting the Talwars and talking ill abt the CBI and the Noida Police. Anyone would get suspicious and point fingers at the Talwars.

who deleted pics from the computer and also her camera, dont tell me the servants who were in a drunken state and in panic , had the time to do that.

I agree with you

I somehow cannot digest the fact that the parents did not hear anything. And now, the CBI chief says she had a bad throat so she could not scream! 😕

All this while the parents did not know that she had a bad throat and nobody had an answer to this but now suddenly Arun Kumar remembers this 🤢

This is probably the last case that hel solve before retiring and wants a medal before that. And so, the poor servants hv been framed

15 days ago while opposing the bail of rajesh talwar CBi told the court that Dr Talwar told them that hemraj had an evil eye on his daughter and that is why he used to lock her in her room after she went to sleep and kept the keys with him, on 15th also he did the same. The judge even quoted this part of his stmt to the CBI while denying him bail. This was on 26th june.

Now on fri the CBI suddenly says that the parents had started trusting hemraj since he was working with them for the past 8 months and never locked her door anymore.😕

nupur talwar said on NDTV that arushi always used to shut the door while sleeping and noone could open her door from the outside without the key.

even bharti their maid confirmed that 2 rooms used to locked when she used to reach their in the morning to do her work.

so is the CBI going to say that arushi also had begun to trust hemraj and never used to shut her door anymore???

then the CBi said that they did a simulation ecercise and the forensic experts confirmed that even if a person is awake in the parents' room they cannot hear anything due to the noise of the air conditioner. here they were not awake but asleep.

but then where was the need to suddenly add that arushi had a bad throat on that particular day. i mean even she wouldn't have had a bad throat still u cannot hear any sound even when a person is awake, right?? and this bad throat thing has suddenly appeared in the whole story, noone has ever said it before.😕

did hemraj also have a bad throat that 4 men were arguing in arushi's room and still nothing could be heard or were they whispering while arguing???

now krishna reached talwars' home at around 12, then vijay mandal came, then later on rajkumar, arushi's time of death acc to post mortem report is btn 1 to 1:30.

so they came, they had drinks, they even became drunk, they entered arushi's room, tried to force themselves on her, hit her with a blunt object, then argued with hemraj, took him to the terrace, killed him after a long struggle, locked the terrace doors, came in and slit arushi's throat.

all this they did within an hour and a few minutes time that too when rajesh talwar was on his mobile phone till 12:05 midnight and only after that could he have gone off to sleep, i mean he couldn't have been in deep sleep atleast when these people came in and started drinking???

also one more thing rajkumar came all the way from sector 53 to sector 25 on his cycle , thats a 5 km distance and still noone saw him not even the security guard of the talwars' residence????