Ghaziabad: A special CBI court here on Friday directed the investigating agency to give a copy of the closure report in the Aarushi-Hemraj double murder case to the parents of the murdered teenager and posted for January 21 its decision on the issue of closing the probe.
While hearing the case, the CBI opposed the appeal by Aarushi’s father Rajesh Talwar to get a copy of the report, saying that he was arrested as an accused in the case.
As the hearing began at about 10.40 am, Talwar’s counsel Satish Tamta asked the judge to provide him with a copy of the closure report so that he could tell the court about his views.
CBI counsel RK Saini objected to it, saying that Rajesh was arrested by the police as an accused and, therefore, cannot be treated as a first informant.
Special CBI Judge Preeti Singh then asked the CBI counsel whether the agency has filed a chargesheet in the case.
Saini said that it is “upto the court. The court can reject the closure report and can take cognisance or it can direct to conduct further investigation. If the court feels that the case can be closed, then the court can issue notice to the informants.”
The Special Judge, while hearing the CBI plea in the over two-and-a-half year old case, held that copy of the closure report be given to Talwars and posted the matter for January 21.
14-year-old Aarushi and her family’s domestic help Hemraj were killed on the night of May 15, 2008 in Noida near here.
The court had on January 3 directed the investigating officer to bring the case diary on the date of shearing for examination.
The judge had also rejected an application filed by Aarushi’s dentist parents against closing the case, saying that their plea was not maintainable at this stage and had asked them to appear before the court.
The CBI had on December 29 filed a report to end the probe clearing the names of three servants — Raj Kumar, Krishna and Vijay Mandal — in the case.
But the needle of suspicion pointed towards Rajesh whom the agency named as a suspect who could not be chargesheeted because of “insufficient evidence”.
Nupur and Rajesh Talwar, who had come to the court at about 10 am, also took on a CBI investigator who was handling the case. In the presence of media, lawyers and police officers in the court, Nupur asked the CBI officer “Why did you do this (submit closure report)? Everyone is answerable to God”.
The CBI officer ignored her comments to which Nupur said, “You cannot escape by turning your back towards me”.
Saini said the Investigating Officer (IO) had submitted all the case diaries and the court has fixed January 21 as the next date for further consideration of the case.
“My argument was that he (Rajesh) is an accused and not be given a copy. But since the court has ordered that a copy has to be supplied to him we have given him the copy,” Saini told reporters here.
When asked whether there was any apprehension on the part of CBI to give him a copy of the closure report, the lawyer said, “There is no apprehension. But an accused will never be satisfied with the closure report.”
The victim’s mother Nupur said, “According to the CBI closure report, there is no accused as of now. So we may be given a copy of the closure report.”