Sunday, February 20, 2011

Jumping to Conclusions !

2 years ago, for several weeks the news channels were filled with the murder of Aarushi, a teenage girl from Delhi. Here’s a brief outline:

“On the morning of May 16, 2008, Aarushi Talwar, a 14-year-old Class IX student of Delhi Public School in Noida and the daughter of a successful dentist couple, was found dead with her throat slit in her parents' home at Jalvayu Vihar in Noida, Uttar Pradesh. The prime suspect was their domestic help Hemraj. However, the police found the dead body of the missing domestic help, Hemraj, on the terrace, 2 days later.

After a disorganized investigation, the police arrested Dr. Rajesh Talwar, the father of Aarushi on May 23, 2008, charging him with having committed the double murder. His wife, Dr. Nupur Talwar accused the police of framing him, and requested Uttar Pradesh chief minister Mayawati to transfer the case to the Central Bureau of Investigation (CBI).

The Central Bureau of Investigation took over the investigation into the murders of Aarushi and Hemraj on June 1, 2008, forming a 25-member team in an attempt to crack the case. The CBI declared that Rajesh Talwar was innocent and he was released. A few days later, 3 persons who were friends of Hemraj, including an assistant of the Talwars were arrested. They too were subsequently released."

2 years later, the CBI filed a closure report saying that there was insufficient evidence to identify the murderer.
And that’s when the whole saga re-opened. The Talwars moved court, requesting that the CBI not be allowed to close the case. And what they though would get them justice for their daughter turned into a nightmare. At the hearing the CBI revealed that the only suspect was Dr. Rajesh Talwar. The court then ordered the prosecution of not only Dr. Talwar, but also his wife Dr. Nupur for the murders. And the media had a field day. Everybody had an opinion. And most were convinced that the Talwars were guilty. Theories were in plenty. Ranging from honor to immoral lifestyle to …

And then the media released sections of the closure report. Based on what was spoon fed to them. Convenient parts. Their reasoning for the suspicions.
1. No one other than the Talwar’s had access to the house. And there was no break in.
2. The parents claimed to be sleeping next door. How is that possible, when a brutal murder is being committed.
3. The keys to the terrace where the body of Hemraj was found was not provided by the Talwars.
4. The golf stick suspected to have been used was cleaned.
5. There was internet activity from the router in Aarushi’s room on the night of the murder from 12 - 3 a.m.

No wonder the nation was convinced. And so was the media and the talk show celebrities. Not many bothered to even look beyond what was being said. I found it a little strange that if the case was this straight forward, then why wasn’t it closed 2 years ago ? And so wanted to know more. And was shocked and dismayed with what I found.

Here are some of the facts, all available in the public domain and part of the records. Let me just throw light on the 5 charges.

1. No one other than the Talwar’s had access to the house. And there was no break in.
This is probably the silliest charge and I’m disappointed that what a Class 5 student would point out has eluded the CBI. The Talwars had Hemraj living in, and with a set of keys. Anyone who was close to Hemraj had access not only to the keys, but could drop in as Hemraj’s guest and there would be no break in. And that’s just 2 of the several possibilities.

2. The parents claimed to be sleeping next door. How is that possible, when a brutal murder is being committed ?
What has conveniently been left out is that in a recreation of the event the very next night, the police team who were in the same room as the Talwars, and presumably awake, were unable to hear any noises from Nupurs room. So its definitely possible that 2 sleeping persons would hear nothing.

3. The keys to the terrace where the body of Hemraj was found was not provided by the Talwars.
Once again, sounds silly. If you lose a child, and are in shock, and someone asks for the keys of an area, is it unreasonable to not know where they are. And what exactly stopped the police from breaking the lock? A tiny lock.

4. The golf stick suspected to have been used was cleaned.
What’s not mentioned is that the Talwars shifted houses after the event. And the Golf set was transferred to their new home with CBI permission and supervision. And finally the complete set was cleaned as a normal cleaning process, not just 1 golf club. And the CBI asked for it after 1 year of the event. And interestingly the original police claim was that the reason Dr. Talwar was a suspect, was that a surgical incision was made by a medical professional using a surgical knife. Since when has a golf club become a surgical knife ?

5. There was internet activity from the router in Aarushi’s room on the night of the murder from 12 - 3 a.m.
Once again an unbelievable half truth. What is not being said is that there was internet activity from the exact same router at the exact same time on the next day when the police were in the room. And the internet service provided has called it “unexplainable”.

I have no idea whether or not the Talwars are innocent or guilty. What I do know however is that the evidence on the basis of which almost the complete TV watchers have pronounced them guilty is not only not “Beyond reasonable doubt”, but blatantly unfair.

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