Aarushi murder case: CBI, CDFD connived to put Talwars in dock, says Allahabad HC
, ET Bureau|
Updated: Oct 14, 2017, 01.28 AM IST
NEW DELHI: Two of the country’s premier agencies, the Central Bureau of Investigation (CBI) and Centre for DNA Fingerprinting and Diagnostics (CDFD) in Hyderabad, “connived” to remove a key evidence that was pointing to the innocence of the Talwar couple, Allahabad High Court has noted in its 273-page judgement released on Friday.
A senior CBI official, speaking on the condition of anonymity, told ET that the agency will study the judgement in its entirety and such allegations may be challenged before the Supreme Court if the agency prefers an appeal. The HC judgement while acquitting the Talwar couple for the Arushi-Hemraj murders has demolished each point put forward by CBI but the most damning indictment is CBI’s “manipulation” of a pillow cover, which the HC said was “the clinching piece of evidence” in the couple’s favour.
A purple-colour pillow cover was seized by CBI from servant Krishna’s house on June 14, 2008. Before that, a pillow cover had been seized from deceased servant Hemraj’s room by CBI on June 1, 2008. Both were sent to CDFD, Hyderabad for DNA tests. The CDFD in a report on November 6, 2008 said the purple-colour cover seized from Krishna’s house carries the DNA of Hemraj – “unequivocally establishes the presence of Krishna in the house of the Talwars on the night of the occurrence” the HC has ruled.
But three years after this report, later, a CBI investigator in person visited the CDFD on March 17, 2011 submitting a letter asking if a “typographical error” had led to mixing up of the reports on the two pillow covers and if Hemraj’s DNA was in fact found only on his own pillow cover.
CDFD promptly replied on March 24, 2011 admitting to the error. HC has noted that CBI never submitted the photographs of the two pillow covers before the trial court and the said material seems to have been tampered by CBI.
“The tenor of letter dated 24.3.2011 on the face of it clearly indicates that the CDFD Hyderabad simply abided by the cryptic suggestion given by the Investigating Officer on 17.3.2011 and virtually satisfied his requirement.
The aforesaid exercise on the part of CBI clearly puts the two photographs of the controversial exhibits, clarification sought from CDFD Hyderabad and ultimately the clarification given as desired by the Investigating Officer under a strong shadow of doubt and gives rise to a very strong suspicion that the entire aforesaid exercise was undertaken by the Investigating Officer in connivance with the CDFD Hyderabad to remove from the record any evidence which was in consonance with innocence of the Talwars,” the HC has noted.
The HC has questioned why no CBI officer noticed any discrepancy or error for three years in the CDFD report submitted in 2008 before investigating officer AGL Kaul flagged the same in 2011. HC said CBI could offer “no satisfactory reply” on what led to Kaul to doubt the correctness of the 2008 CDFD report. “The CDFD report in 2008 indicated that that Krishna was present in the Talwar's flat when Hemraj was murdered and it is on account of the aforesaid fact that Hemraj blood got embossed on the hair of Krishna which in turn got embossed on his purple colour pillow cover which was admittedly seized from the Krishna's premises,” the HC judgement has said.
HC also noted the testimony of a CDFD scientific expert, SPR Prasad, before the trial court in which he said seals put by CDFD on all exhibits sent by the CBI seemed to be tampered with. “He categorically deposed before the trial court that all his seals have been broken, all his envelopes have been torn open and he cannot say who broke these seals, who tore open the envelopes, when this was done and why this was done,” HC said.
A senior CBI official, speaking on the condition of anonymity, told ET that the agency will study the judgement in its entirety and such allegations may be challenged before the Supreme Court if the agency prefers an appeal. The HC judgement while acquitting the Talwar couple for the Arushi-Hemraj murders has demolished each point put forward by CBI but the most damning indictment is CBI’s “manipulation” of a pillow cover, which the HC said was “the clinching piece of evidence” in the couple’s favour.
A purple-colour pillow cover was seized by CBI from servant Krishna’s house on June 14, 2008. Before that, a pillow cover had been seized from deceased servant Hemraj’s room by CBI on June 1, 2008. Both were sent to CDFD, Hyderabad for DNA tests. The CDFD in a report on November 6, 2008 said the purple-colour cover seized from Krishna’s house carries the DNA of Hemraj – “unequivocally establishes the presence of Krishna in the house of the Talwars on the night of the occurrence” the HC has ruled.
But three years after this report, later, a CBI investigator in person visited the CDFD on March 17, 2011 submitting a letter asking if a “typographical error” had led to mixing up of the reports on the two pillow covers and if Hemraj’s DNA was in fact found only on his own pillow cover.
CDFD promptly replied on March 24, 2011 admitting to the error. HC has noted that CBI never submitted the photographs of the two pillow covers before the trial court and the said material seems to have been tampered by CBI.
“The tenor of letter dated 24.3.2011 on the face of it clearly indicates that the CDFD Hyderabad simply abided by the cryptic suggestion given by the Investigating Officer on 17.3.2011 and virtually satisfied his requirement.
The aforesaid exercise on the part of CBI clearly puts the two photographs of the controversial exhibits, clarification sought from CDFD Hyderabad and ultimately the clarification given as desired by the Investigating Officer under a strong shadow of doubt and gives rise to a very strong suspicion that the entire aforesaid exercise was undertaken by the Investigating Officer in connivance with the CDFD Hyderabad to remove from the record any evidence which was in consonance with innocence of the Talwars,” the HC has noted.
The HC has questioned why no CBI officer noticed any discrepancy or error for three years in the CDFD report submitted in 2008 before investigating officer AGL Kaul flagged the same in 2011. HC said CBI could offer “no satisfactory reply” on what led to Kaul to doubt the correctness of the 2008 CDFD report. “The CDFD report in 2008 indicated that that Krishna was present in the Talwar's flat when Hemraj was murdered and it is on account of the aforesaid fact that Hemraj blood got embossed on the hair of Krishna which in turn got embossed on his purple colour pillow cover which was admittedly seized from the Krishna's premises,” the HC judgement has said.
HC also noted the testimony of a CDFD scientific expert, SPR Prasad, before the trial court in which he said seals put by CDFD on all exhibits sent by the CBI seemed to be tampered with. “He categorically deposed before the trial court that all his seals have been broken, all his envelopes have been torn open and he cannot say who broke these seals, who tore open the envelopes, when this was done and why this was done,” HC said.
