Why the Aarushi-Hemraj murder case would forever remain a mystery
By Sana Shakil | Express News Service | Published: 12th October 2017 11:40 PM |
NEW DELHI: Allahabad High Court's acquittal of Nupur and Rajesh Talwar in Aarushi Hemraj double murder case has left a big question unanswered. A question over arguably the most controversial murder story of last two decades - who killed Aarushi and Hemraj. The question that, following Thursday's verdict, we may never find an answer to. According to legal experts, in all likelihood, the mystery over the real killers in the case is likely to remain forever. Senior lawyers and jurists told The New Indian Express that there is a provision in law under which reinvestigation or further investigation can be ordered by the top court but in this case, that seems like a rare possibility as the apex court has heard the sensational case on previous occasions, adding if further investigation was to be ordered, it could have been done in the past.
Senior advocate Aman Lekhi said that the scenario arising out of Thursday’s verdict was not unprecedented but certainly disappointing considering that the case was probed thrice but resulted in no conviction. The noted criminal lawyer also denied the possibility of further investigation in the case in wake of the fact the CBI is considering filing an appeal against the acquittal of Talwars. He said, “This is a hypothetical situation. But even if the case goes to SC, it will result in either upholding of today’s judgment or quashing of the verdict. Further investigation is ordered in cases only where glaring evidences are distorted. According to news reports, the Talwars have been given the benefit of doubt which means in this case the evidence was lacking. Moreover, in this case, the SC had sufficient opportunities to order further investigation but clearly SC did’nt consider this as a case where further probe was required.” It is also worth mentioning here that the sensational case was taken to the Supreme court by at several stages of the case by either the prosecution or the Talwars and the apex court ruled in favour of CBI on most occasions.
The legal luminaries added that orders of further investigations by SC are a rare phenomenon and not a routine affair. According to them, further probe is usually ordered by the courts at the stage of trial. Retired judge of the Delhi High court Justice SN Dhingra gave similar views and said, “As per news reports, the high court has not questioned CBI’s investigation, the Talwars have been given benefit of doubt. Therefore, there is no scope of reinvestigation or further investigation in the case. The case is over as of now.”
Senior advocate Rebecca John, who represented Rajesh and Nupur Talwar, too denied any chances of the case being reopened by the SC, where CBI is likely to file an appeal against the HC’s order. She said, “The case is shut now. It was the agency’s job to find the killers. It is not the court’s job. Further probe is obviously not a possibility now.” Referring to earlier conviction given to the Talwars, John said, “To some extent, the miscarriage done earlier has been corrected today. That conviction was a travesty. As parents, there is an overwhelming sadness for the parents because the killers of their daughter are still at large.”