Saturday, October 17, 2015

Bulletin: Rajesh and Nupur Talwar: Significant development: (Must, Must Read; HL) India Times story: "Aarushi Talwar's parents hit out at the CBI (Central Bureau of Investigation) in a powerful open letter" (asking why the CBI only released documents that malign the Talwars): Open letter: "IF THE CBI IS TRANSPARENT, WHY DOESN'T IT SHARE ALL THE DOCUMENTS? On Oct. 13, 2015, the CBI released court orders related to the Aarushi-Hemraj murders. We welcome this move even though all these documents were already available to the public on the Internet. Unfortunately, if the objective of the CBI was to demonstrate its transparency, it would have been more credible had it released ALL materials in its possession, not just those that malign the Talwars. These would include, for instance: -- the 2008 bail order of Rajesh Talwar – states that there is no deception in his scientific tests and forensic evidence does not connect him to the crime. -- the bail orders of Rajkumar and Vijay Mandal and application of extension of custody for Krishna – state that the scientific tests indicate their involvement in the crime. -- the scientific tests of Rajesh and Nupur Talwar -- the scientific tests of Krishna, Rajkumar and Vijay Mandal."

"IF THE CBI IS TRANSPARENT, WHY DOESN'T IT SHARE ALL THE DOCUMENTS? On Oct. 13, 2015, the CBI released court orders related to the Aarushi-Hemraj murders. We welcome this move even though all these documents were already available to the public on the Internet. Unfortunately, if the objective of the CBI was to demonstrate its transparency, it would have been more credible had it released ALL materials in its possession, not just those that malign the Talwars. These would include, for instance: -- the 2008 bail order of Rajesh Talwar – states that there is no deception in his scientific tests and forensic evidence does not connect him to the crime. -- the bail orders of Rajkumar and Vijay Mandal and application of extension of custody for Krishna – state that the scientific tests indicate their involvement in the crime. -- the scientific tests of Rajesh and Nupur Talwar -- the scientific tests of Krishna, Rajkumar and Vijay Mandal. You can see the rest of the reports here -- the 2008 report by the medical examiners who conducted Aarushi and Hemraj's post-mortems, stating their opinion on the khukri as a weapon of murder.  Naresh Raj, who conducted Hemraj's postmortem, stated in his testimony during the trial, that blunt injuries on both the victims were possible with a 'khukri'. An expert committee from AIIMS (2008) had opined the same. You can read the rest of the report here. The article that was released by the PTI and carried faithfully by the media was less a journalistic endeavour and more a CBI statement, with officials again hiding behind anonymity. Ordinary Indians like us are never afforded such luxuries. While there are many transgressions in the article, one point is clear: the CBI has begun its usual misinformation campaign. It says: "Talwars have missed four dates of hearing claiming their lawyers are busy in Supreme Court. After it was pointed out that Supreme Court was on vacation on the dates cited by Talwars, the high court now has asked them to file an affidavit giving details of dates and cases in which their lawyers were busy." This is factually SIMPLY INCORRECT. 1) No lawyer claimed to be busy in the Supreme Court.  2) The court has not asked the lawyers to file any affidavit 3) There was only ONE adjournment after the bail arguments were heard in May 2014. Never four. The Allahabad High Court rejected the Talwars' petition for suspension of sentence on May 19, 2014 and ordered an appeal to be heard on May 28, 2014. Given the short notice, the Talwars' lawyers made an application on May 28 for an adjournment to the end of August or September instead, as the lawyers had prior commitments until then. This was granted. But there have been no hearings since then. Overall, the article attempts to reiterate precisely those aspects of the case which are untrue and therefore need intense scrutiny. For example, the restatement that the judge gave 26 reasons that declared the Talwars guilty. Also, this statement that, "this court reaches to the irresistable and impeccable conclusion that only the accused persons are responsible for committing this ghastly crime." It is evident to anyone who actually reads the documents that are part of the court record that there is no basis for most of these statements and that what has transpired is a horrifying tale of injustice.
http://www.indiatimes.com/news/india/arushi-talwar-s-parents-hit-out-at-the-cbi-in-a-powerful-open-letter-plead-to-end-the-horrifying-injustice-246363.html