Court directs CBI to give report to Aarushis parents
The court also fixed January 21 as the next date of hearing.
As the hearing began, Aarushi`s father, Rajesh Talwar through his lawyer Satish Tamta appealed before the court to get a copy of the report, a move vehemently opposed by the CBI.
The CBI`s contention was that Rajesh is an "accused" in the case who was also earlier arrested. Hence, he should not be treated as the first informant.
Under the laws, the first informant has the right to express his/her views on the closure report in a case.
As the word "accused" came up, Special CBI Judge Preeti Singh asked the CBI counsel whether the agency has filed a chargesheet in the case.
R K Saini, CBI`s counsel said, "it is up to the Court to reject the closure report and 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".
Arguing further, Saini said the accused at times file the FIR to "misguide" the investigation. Tamta cut him short and registered his objection saying there was no attempt to "mislead".
After hearing both the sides, the judge said the CBI`s closure report definitely puts suspicion on Rajesh but since the Court is yet to go through the case diary and other documents submitted by the agency, it would not be appropriate to give views on anyone being an accused.
And hence in the "interest of the justice" a copy of the closure report should be provided to Rajesh, who is the first informant in 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.
Aarushi was found murdered in her room with her throat slit at the Talwar`s residence on May 16, 2008. The body of Hemraj was found on the terrace the next day.