Aarushi-Hemraj murders: A case that should have been handled better
Aarushi-Hemraj murders: A case that should have been handled better
Police must learn how to immediately secure a crime scene after the matter is reported.

Over the past one week, we at CNN-IBN have been going through our archival footage, old stories and interviews related to the Aarushi-Hemraj double murder case, to see how best we can best explain this story to our viewers ahead of the verdict in the infamous case.

I remember I was in Jaipur at that time covering the serial blasts when I got a text in the morning from a journalist friend. The SMS said, "Class 9 student found dead in sector 25, Noida, servant absconding, police suspect his role in the murder." Yes this was on the May 16, 2008 when Aarushi was found dead. For one entire day everyone thought that it was yet another case where a domestic help had hatched an evil plan to assault the victim and run away with precious belongings. I too thought the same. But the very next day the story changed drastically when a neighbour of the Talwars, retired UP DSP YK Gautam discovered the domestic help's body on the terrace of the house. The headlines changed and the police came under attack for such a monumental miss and the family's role came under scrutiny as well.

I went to the spot three days after the murder. This was one of my first major assignments as a crime reporter and I was stunned to see the sheer number of cameras stationed in the parking lot of the Talwars, tracking every movement of the police which made frequent trips to their house every day. The first police team that had reached the scene of crime for investigations had been replaced for serious goof ups, which include not checking the terrace where Hemraj lay dead. One of the key members of the new team was inspector Anil Samania who was one of the best investigators the Noida police had. He was believed to be a tough interrogator as well. Every day Samania would go to the residence of Talwars in the morning and emerge only five to six hours later. Reporters would hound him for answers on the line of questioning.

Journalists would spend mornings, afternoons and entire nights outside the residence of the Talwars. Everyone had a clear brief - keep your eyes and ears open and remain on top of the story. All of a sudden the calm and quiet of this upper middle class locality was completely shattered. Reporters, OB vans and cameras all of a sudden became a part of the landscape. The reason why I am saying this is because it's actually a very peaceful area where each person minds his own business. You too won't mind living here more so because New Delhi is just a few kilometres away.

The police at this time had a feeling that this was the job of an insider. Rajesh Talwar's role was being investigated very closely. The police was questioning him for several hours every day. All speculation came to rest briefly on the May 23, 2008. The UP police called a briefing in the afternoon at the SSP's office in sector 14 of Noida. The hunch was that the murder had been cracked and Rajesh Talwar had been arrested. He had been called for questioning earlier in the day.

The press room was packed and all reporters were desperate to hear from the police. IG Gurudarshan Singh and SSP Satish Ganesh declared that they had arrested Rajesh Talwar for the murder of Aarushi and their domestic help Hemraj. But then they goofed-up, to an extent that they spoiled their own case. First of all the IG could never remember Aarushi's name, he was calling her Shruti every now and then. When it comes to press briefings related to crimes officers usually don't share personal details of the victim or accused or issues which are under investigation. But this IG made sure it was a tell all press conference - he spoke about how Rajesh and Nupur had extra marital relations and Aarushi didn't approve of the same, how Rajesh Talwar lost his temper when he saw Aarushi in a compromising position with Hemraj in her bedroom that night. These were things which hadn't been satisfactorily proved and therefore shouldn't have come out. Hence, instead of getting a pat on the back, the police came under fire from citizens, the media and social activists. It was no surprise that IG Gurudarshan Singh was transferred after one of the worst press conferences of his career.

There was more embarrassment in store. The case went to the CBI and they couldn't find enough evidence against Rajesh. He was released in July 2008 as the CBI couldn't file a chargesheet in the mandated period. The agency turned its attention to Talwar's compounder Krishna and his friends Rajkumar and Vijay Mandal. The reportage too went in that direction. Every channel and paper had stories about Krishna, Rajkumar and Vijay Mandal. About how they were drinking in Hemraj's room and how they first killed Aarushi and then Hemraj because he had witnessed the crime. But shockingly one by one they were all released for lack of evidence.

One thing became clear, this case was handled very badly from day one. Not checking the terrace was the biggest mistake, the police spent an entire day looking for a domestic help who was already dead. This could have given the killer enough time to dispose of the murder weapon and disturb the scene of crime. Aarushi and Hemraj's mobile phones were lost, the scalpel or knife used to slit the throats of the victims was never found either. Even after Hemraj's body was discovered Aarushi's blood stained mattress lay on the terrace for weeks. The crime scene wasn't even secured, everyone was free to walk over it. These mistakes have seriously affected the case

Anyhow another CBI team was formed. The earlier officer Arun Kumar who was heading the first investigating team returned to his parent cade Uttar Pradesh as his tenure was over. Incidentally he was the one handling investigations into the recent Muzafarnagar riots too. The new team questioned the Talwars several times. They were subjected to narco analysis tests as well. Over the next two years the Talwars maintained a low profile giving a few interviews now and then and holding prayer meetings in the memory of their daughter. They were in for a shock when on December 29, 2010 the CBI filed a damning closure report in the CBI court. Closure reports are usually filed to close a case when there is lack of evidence. But this one said Rajesh Talwar was the sole suspect in the case but there was no evidence to back the claim.

What was the motive behind submitting such a closure report will never be known. The agency was now in a way agreeing with the UP Police theory and also suspecting the role of other members of the Talwar family post incident. For the Talwars this meant a massive blow to their reputation. They challenged the report calling for a further probe. But the court instead pulled up the CBI for not filing a chargesheet when there was enough circumstantial evidence against the Talwars. It actually took note of the report and accused Rajesh and Nupur of double murder. The couple were now going to be tried for murdering their own daughter and domestic help. I have interviewed Nupur and Rajesh several times after the closure report was filed. But frankly I could never come to any conclusion about them. At times I did feel they didn't have answers but you couldn't really make up your mind. They attacked the media for buying each and every claim of the CBI. They called for better scientific evidence to get Aarushi's killers.

The Talwars tried their best to quash the trial. But the High Court and Supreme Court rejected their petitions. The couple even tried to shift the case out of Ghaziabad after Rajesh was attacked in court by Utsav Sharma, the same man who had attacked former DGP SPS Rathore. They hired the best lawyers Rebecca John, Harish Salve and Mukul Rohatgi. One wondered how Talwars managed to pay them, as these were some of the most expensive advocates in the country. The lawyers however claim that they appeared pro bono, without any payment and only because they believed the Talwars.

But all these measures didn't help them. The Supreme Court rejected their review plea with a stern warning that they shouldn't misuse court procedures. The court observed that the Talwars were challenging almost every order of the lower court in the highest court of the country and this was wrong. Talwars now had no choice but to face trial. The CBI has blamed Rajesh and Nupur Talwar for murdering Aarushi and Hemraj. They say Rajesh killed them in a fit of rage when he caught them in a compromising position.

As I go through my old stories the one thought that comes to my mind is that this was always a very simple case. There wasn't much to it. Over the last six years only five people have been under scrutiny - Rajesh and Nupur Talwar and the three servants Rajkumar, Krishna and Vijay Mandal. Isn't it hard to believe that three investigating teams and two agencies couldn't find a killer? Both Aarushi and Hemraj were killed with severe blows to the head but no one heard a thing.

Today I just hope there is some closure for Aarushi and Hemraj when the court delivers its verdict. This double murder was a perfect example of how a case should not be handled. Police must learn how to immediately secure a crime scene after the matter is reported. If no killer is ever found, it will be largely due to the shoddy probe by the UP police immediately after the crime. The media should also not get carried away by juicy details which may be unconfirmed and unnecessary. We too have a duty towards the deceased, the accused and the society.

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