Indian Journal of Law and Legal Research Volume II Issue I | ISSN: 2582-8878

IRAC – CASE ANALYSIS ON CENTRAL BUREAU OF

INVESTIGATION OF DELHI V. DR. MRS. NUPUR TALWAR
AND DR. RAJESH TALWAR

Anindita Saha, Symbiosis Law School Pune

Prosecution : Central Bureau Of Investigation Of Delhi

Defence: Dr. Mrs. Nupur Talwar and Dr. Rajesh Talwar

The FIR was field against the accused party in the session court and the charges which was
brought against them was under Section 302, Section, Section 201 of the Indian Penal Code
1860.

Main Fact:

The Talwar couple, Dr Rajesh and Nupur Talwar, are the key accused in the murder of their
only child Aarushi as well as their domestic help Hemraj. The key facts of the case:

May 16, 2008: A few days short of her 14th birthday, Aarushi Talwar is found dead in her
parent's home in Jalvayu Vihar, Noida. The main suspect Hemraj is missing. Hemraj lived in
Talwars' flat.

May 17, 2008: Hemraj is found dead the next day on the roof.

May 23, 2008: While investigating the case, the Noida Police mishandle the investigation on
several fronts--allowing media access to the crime scene before the evidence is collected. Noida
police also arrest Aarushi's father, Dr Rajesh Talwar, for the double murder

At a press conference after Rajesh Talwar's arrest, senior Noida police officers suggest that Dr
Rajesh and Nupur Talwar were of questionable character; the deceased Aarushi is also not
spared and allegations of dubious character are levelled at her as well.

June 1, 2008: The case is handed over to CBI at the request of Aarushi's parents

Neither the murder weapon nor the cell phones of Aarushi and Hemraj are recovered.

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June 2008: CBI arrests four men who work as domestic helpers for the Talwars or their friends
and neighbours. Narco-analysis tests prove inconclusive and the four are released later for lack
of evidence.

July 2008: CBI submits it has no evidence against Dr Rajesh Talwar and he is released from
jail.

The CBI recovers Aarushi's cell phone, but finds nothing that would point to the killer in the
cellphone.

December 29, 2010: The CBI files a closure report in a court in Ghaziabad. Though the report
says the CBI has no evidence to pinpoint the blame on any one person, the report also says that
Dr Rajesh Talwar is the prime suspect for the two murders.

February 9, 2011: The court, on the basis of the report, orders trial of Rajesh and Nupur Talwar,
charging both with murder and destruction of evidence.

January 6, 2012: The Talwar’s move Supreme Court to get the trial cancelled saying there is
no evidence against them. SC allows trial to go ahead.

ISSUES

Whether the role of media trial plays a very influential aspect of declaring an accused guilty in
eyes of society without been tried in court of law?

ARGUMENTS BY PROSECUTION

The prosecution counsel lays down :

➢ On May 15 2008 the Aarushi Talwar and Hemraj was seen with Dr. Talwar’s by their
driver Umesh Sharm in Flat No.L-32, Jalvayu Vihar around 9:30 P.M. while he came
to return the keys of the car.
➢ On May 16 2008 the dead body of Aarushi was found in her bedroom the family’s amd
her maid in her bedroom.
➢ On the next day 17,2008 the dead body of the another deceased Hemraj was found fully
covered with blood strains in the locked terrace of the Talwar flat. The door of the
terrace was found locked.

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➢ It was seen that there was a very close relationship found between the accused and the
two deceased persons because before the prior death of the two deceased found that he
were last seen with the accused in their flat by their driver alive.
➢ Aarushi bedroom door was fitted with the automated lock which can be only open with
key from outside only and from inside without key which was said by the S.P(Noida)
has deposed that when he talked to Rajesh Talwar on the morning.
➢ Rajesh Talwar has also mentioned that he has gone to sleep around 11:30 P.M. and also
locked the Aarushi room’s door and both the accused agreed with the fact that the room
was having automated lock . when they found the dead body of the Aarushi in the next
day morning on 16,2008 May the door of the room was opened from outside.
➢ That night of the murder it was discovered from the locals and also from the flat
building that no outsiders were seen to come or to go outside the flat or any outsiders
were suspected to been seen around the flat complex. There was no such evidence found
of forcible entry of the outsiders.
➢ The door pf the terrace were never locked as were the death body of the accused has
been found as the police also asked for the key but they didn’t provide with any key of
the door. There is also question of doubt arises on the accused.
➢ The media also discovered that Rajesh Talwar had a extra marital affair with his
colleague and the came to know about it due to which the dead was caused.
➢ It also has been brought by the media that Aarushi and Hemraj was found is a disturb
position by the Talwar’s due to which the Talwar’s has killed the both of them. As they
had a relationship so it can be a class of Honour killing as the accused’s could not accept
it.
➢ The accused Rajesh Talwar has produced the Golf Club No.5 after many months of the
case has been committed and it was regarded that the golf club is one of the murder
weapons used by the Talwar’s for he commission of the crime as the injury that was
found in both the dead body was suspected that it was caused by Golf Club and scalped
and it was also stated that both the accused was dentist by profession and they are aware
about the surgery procedure.

ARGUMENTS ON DEFENCE

The defence counsel lays down:

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➢ The Talwar’s stated that they are not guilty of the death of their daughter and their
servant.
➢ Rajesh Talwar and Nupur Talwar stated that the police is bringing false allegations
against them to hide their unproper investigation.
➢ Rajesh Talwar and Nupur Talwar stated that they were in deep sleep throughout the
night due to the noise produced by the air conditioners of their room and Aarushi
bedroom. The door of the Talwar’s were shut as the always shut their door before going
to sleep so they could hear any noise that was coming from outside. In 2013 the defence
witness on forensic experts Dr.R K Sharma said that it was discovered that the child
that is Aarushi was fallen unconscious after a sudden blow by a blunt weapon due
which she could not make any sound sound or scream.
➢ The CBI team of experts has also said that there was noise of air conditioner and it was
also justified by the Talwar’s.
➢ The Talwar’s has also denied the the fact. The terrace door was locked on the side where
the stair went down to the 2nd floor and subsequently the ground floor. All the stairs or
the terrace are the part of the same area of the complex where there flat was resided. So
, how can they hide keys of their terrace from the police.
➢ It was subjected that the Talwar’s has mis leaded and dressed up the crime scene and
also played with the evidence. If they would have not left the scotch whiskey bottle
with the blood stains in the living bedroom. The also denied they have not clean the the
house and not cremate the body of Aarushi without the proper permission of the police
as the police has directed them that they have collected all the evidence and also the
body was decomposing with the going time.
➢ The Talwar’s also counter argument for the indulging them in Honour killing as
subjected by the media and also police they stated that they belong from an educated
background and they also had inter-caste marriage such activities would be
disrespectful for them as both of them are doctors and they are serving for noble cause
in the society.
➢ The Talwar’s also denied the fact of Rajesh Talwar having extra marital affair with their
colleague in the clinic as both the couples run the clinic together so, they a share a very
good bond with each other it was an uncertain allegation bought against the accused by
the media.

CASES / AUTHORITIES CITED

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I. Landmark judgments supporting the contention are:-

In the case of Kanti Bhadra Saha v. State of West Bengal, it was held that there is no legal
requirement that the Trial Court should write an order showing the reasons for framing a
charge. It is completely unnecessary to give reasons for issuing the process.

In the case of Dy. Chief Controller of Imports and Exports v. Roshanlal Agarwal and Ors,
the court concluded that in determining the question whether any process is to be issued or not,
the only criteria is that the Magistrate has to be satisfied that there is sufficient ground for
proceeding and not sufficient ground for conviction.

In the case of Hemraj Laxman Gondane v. The state of Maharashtra, the court held that
the conviction recorded merely on the theory of last seen together cannot be maintained merely
on a suspicion however strong it may be or on the conduct of the accused.

In the case of Ravinder Prakash and Another v. State of Haryana the connection in the
chain of circumstances must not be broken in order to convict the accused.

Even though the Talwar’s were the only people in the house who have seen both the deceased,
the facts that invalidate this theory in this case are:

▪ The narco-analysis test of Krishna Thandarai, where he admitted his presence in the
Talwar’s residence on the night of the crime was ignored.
▪ The footprints found in the bed room of Aarushi Talwar did not match either of the
parents.
▪ Since the body of Hemraj was found on the terrace and the house door was locked from
outside, the parents definitely couldn’t have been involved.

It concluded that the court has passed a judgment on the basis of the circumstantial evidence
but has failed to appreciate the evidence. To convict on the basis of circumstantial evidence the
court must appreciate all the evidences of the circumstances which point towards the guilt of
the accused. All the evidences have to point towards the guilt of the accused.

In the Aarushi Talwar murder case, the media had scaled new heights of irresponsibility by
spreading canards and defamatory stories. The Talwars have now been acquitted by the
Allahabad High Court.

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Media watchdog Press Council of India has issued an advisory saying that media should not
conduct their own parallel trial or foretell the decision to avoid pressure during investigation
and trial. Industry body News Broadcasters Association that has listed detailed guidelines on
areas where broadcasters need to self-regulate.

Judgement:

In October 17,2012 Allahabad High Court has cleared dentist couple Nupur and Rajesh Talwar
in the murder case of their teen daughter, Aarushi. The High Court says the CBI had failed to
prove "guilt beyond reasonable doubt".

Critical Analysis of media trial :

Media in today’s world play a very important role in shaping of the opinion in the society at
large in particular cases. It was wholly justified in Noida double murder case as the whole focus
was on Aarushi as she belong from elite class throughout the investigation it was only
mentioned Aarushi Talwar case not as Noida double murder because he was economically not
stable or he does not posses a class in society but a life was lost. In this case both the edia
played a negative and positive role regarding positive perspective the media has only bought
forward various discrepancies in the invesgation done by the police. There were certain actions
taken by the media which mis leaded the court and also general public regarding the clear
motive of the parents of to be the culprits in the case but the Honourable court held that parents
are not proven guilty. As the media is the primary source who bought the allegations of honour
killing and killed their daughter and house help which has bought down the reputation of the
parents and damage the image in the society as the media. The media did not have a sense of
understanding that parents hs lost their only beloved daughter in barbaric process.

Media in the case has only thought about their gain but didn’t think about the 14 years child
just to gain TRP they had also bought a love angle between Aarushi ad Hemraj which was
completely abstract which destroyed the reputation of the child and also the man who was
working hard to help in house and was solely doin service in the home as house help. Nobody
bothered about the child’s Character who was dead was continuously pointing on character. It
was also seen that the media was so pro active and was creating continuous pressure on police
which made the police declared in Meerut press Conference that Aarushi was characterless due
to which case was filed on defamatory statement against Inspector General of police as it

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completely destroyed the image of the little girl. In course of collecting evidence and post-
mortem no such traces of sexual activity was traced in the body of the little girl.

The media also tried to put down the reputation of Dr.Rajesh Talwar for bringing out that he
had a extra marital affair with his colleague was totally false and vogue. And it was also proved
in court of law.

In the process of gaining TRP by media ,many loop holes were missed by the police also. The
time of the death was based on the post mortem report which was 1 A.M. and there was enough
time for an outsiders to kill and run away from crime scene as the Talwars were in from deep
sleep. There was seizure of bottle of wine, bottles of whiskey and bottle of pop(sprite) from
Hemraj’s room. It clearly stated he has invited people from outside as he knows by the time no
one will awake as everyone was in deep. But, may be Aarushi has discovered the fact due to
which an instant fear was created in the mind of getting caught by the Talwar’s which lead to
termination of job in that circumstance they must have blowed Aarushi when she feel
unconscious they must have slit her throat so that she didn’t say about it to her parents.

In this circumstance the outsiders would have heated conversation with Hemraj as they went
upstairs to avoid the sound in that process Hemraj must have disagreed with the thing of
running away of getting caught and in that same procedure they have killed Hemraj and locked
the door of the terrace and run away as the police also found that the door pf he terrace was
locked from inside.

Due to the unmaterialistic allegation by the media has change the whole case and police also
focused on the things which were not valid and left behind the evidence which would be
accurate evidence regarding finding the real murder.

The position of Media Trials in different countries and with International convention:

a. POSITION IN USA:

A number of decisions of the U.S Supreme Court confirm the potential dangerous impact the
media could have upon trials. In the case of Billie Sol Este 381 US 532 (1965) , the U.S.
Supreme Court set aside the conviction of a Texas financier for denial of his constitutional
rights of due process of law as during the pre-trial hearing extensive and obtrusive television
coverage took place. The Court laid down a rule that televising of notorious criminal trials is
indeed prohibited by the “Due process of Law” clause of Amendment Fourteen.

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In another case of Dr.Samuel H.Sheppard, the Court held that prejudicial publicity had denied
him a fair trial.

b. POSITION IN UK:

In Broadcasting Corporation (BBC) has agreed that media trials affect the judges despite the
claim of judicial superiority over human frailty and it was observed that a man may not be able
to put that which he has seen, heard or read entirely out of his mind and that he may be
subconsciously affected by it. The Courts and Tribunals have been specially set up to deal with
the cases and they have expertise to decide the matters according to the procedure established
by the law. Media’s trial is just like awarding sentence before giving the verdict at the first
instance. The court held that it is important to understand that any other authority cannot usurp
the functions of the courts in a civilized society.

c. POSITION IN INDIA:

In State of Maharashtra vs. Rajendra Jawanmal Gandhi, the Supreme Court observed:

“There is procedure established by law governing the conduct of trial of a person accused of
an offence. A trial by press, electronic media or public agitation is very antithesis of rule of
law. It can well lead to miscarriage of justice. A judge has to guard himself against any such
pressure and is to be guided strictly by rules of law. If he finds the person guilty of an offence
he is then to address himself to the question of sentence to be awarded to him in accordance
with the provisions of law.”

INTERNATIONAL CONVENTIONS ON FAIR TRIAL:

The ICCPR acknowledges that the right to a public trial is not absolute and that certain
limitations on public access are necessary.

Conclusion:

The one’s who is currently involved in the case are ones with whom injustice was done because
after so many years of the investigation or trial procedure followed still today in 2020 the
criminal is not found and is moving freely. The case is more complex in nature because there
were loop holes found regarding the police and CBI in the Indian Legal System.

In the case media Trial played very proactive role being the fourth pillar of democracy has
made them the justice delivering body and also investigation administration. Media has

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conducted their own Trial procedure and investigation which made parents look the prime and
hardcore criminals of the case which made the police to believe on the facts to miss out many
of the evidence of the crime seen. There was continuous violation of Right to privacy and Right
to dignity of girl and parents as continuous question aroused regarding the character of girl.
And also they focused on Aarushi not on Hemraj though here both of them were the victim of
the case as Aarushi belong from high profile class the focus was on her. The supreme Court
had criticized the role played by the media and for violation of the rights. It was seen in recent
high profile case of film actor Sushant Singh Rajput where the media trial again declared the
girl characterless and drug addict also they became the justice serving body. Instead of
providing the proper news they mislead the facts and circumstances of the case which created
disturbances in social harmony.