Talwar counters CBI: Tailored and tainted probe,report unsubstantial

“The Central Bureau of Investigation has at some places selectively chosen to ignore the material evidence in its possession and at other places brought in evidence which is uncorroborated,” stated the objection report.

Talwar’s protest petition stated that the CBI “failed to investigate the possibility of an intruder known to Hemraj and not known to the family”.

Arguing against the allegation of use of golf clubs as a murder weapon,Tamta said the petitioner was not a regular at golf. “The petitioner intermittently played golf on the driving range of the Noida Golf Club. For purpose of playing on the driving range,the entire golf set was never needed,” the petition stated.

“I want them to know that an iron golf stick in a small room would have damaged a few more objects and left a mark on the walls or objects… No mark was found by the agency,” said counsel Tamta. “The CBI has wasted much time on this fallacious theory when clearly there is no evidence to suggest that anyone could have used golf (clubs) to commit the two murders. However,the petitioner submits that the CBI can still send the golf set for ‘Touch DNA examination’ and that would completely rule out the possibility of the use of (clubs) for commission of the crime.”

The CBI report ruled out the role of an outsider in the murders. But the protest petition stated that the agency did not hold a fair investigation.

“Food in Hemraj’s kitchen was uneaten. This suggests that he maybe waiting for a visitor. The CBI should have (also) investigated who called Hemraj on the night of murder.” The counsel called the CBI observation about an injury made by a “blunt object” on Arushi’s forehead “factually incorrect”.

“The injury on Arushi’s forehead was a lacerated injury noticed in the post-mortem report. The CBI also mentions another blunt injury on the occipital region of Arushi. In fact,the examination of the post-mortem report will show that no injury in the occipital region,blunt or otherwise,was noticed by the post-mortem doctor. On the contrary,the injury noticed and cited in the post-mortem report relates to a blunt injury on the left parietal bone,” the petition read. On the whisky bottle which had blood stain of both victims and was found on the dining table,the petition stated: “This bottle is available with the CBI… it can be sent for Touch DNA tests.”

Asking the court to “reject the tainted and tailored investigations conducted by the CBI”,

Talwar asked it to “send the case for further investigation so that the culprits involved in this heinous crime are apprehended,and investigated against and brought to trial”.