Of Murder and Innocence: the Aarushi Case

I would have been tempted to title this piece, ‘Nobody Killed Aarushi’, which has become the standard headline for media prominent stories where the murderer is not found or let off because of lack of evidence. This sort of headline acts like a salve for the media that feeds off a death, a murder, and sensationalises it to the most cringing level, and then when the verdict goes against all their salacious intent, they find relief in throwing irony in our face: ‘Nobody killed X,Y,Z.’

They blame the police, the CBI, false witnesses, everybody but themselves. In fact, after Thursday’s verdict pronouncing Aarushi’s parents Nupur and Rajesh Talwar not guilty, one finds media persons blaming the media. As though they had no part to play in it, as though their sudden concern for other victims of child marriage and rape makes any frikkin difference now, except to flaunt their throbbing consciences. They ask selfconsciously: do we bother about the poor? My question is: Did you? Did anybody even mourn for or raise questions about the murder of Hemraj, the domestic help of the Talwars who was killed on the same day of May 16, 2008?

There have been other court verdicts before this. It points to the fallibility of the judiciary, not to speak of its judgements not being watertight ever. This is the latest:

Ordering the release of Rajesh and Nupur Talwar, sentenced to life imprisonment four years ago by a special CBI court for the murder of their teenaged daughter Aarushi and domestic help Hemraj in May 2008, the Allahabad High Court has meticulously detailed instances of falsification of evidence by investigating agencies — ranging from “subjective findings” by medical and forensic experts to tutoring of a witness and planting of another, evidence tampering to “deliberate concealment” of evidence.

The Supreme Court had earlier restrained the media from scandalous reporting of what was then seen as the rape and murder of Aarushi. The judges were perturbed that the information the media had was either leaked by the investigating body, the CBI, or was made up of “imaginary reports”.

I am surprised that none of the judges questioned Avirook Sen’s book Aarushi and Meghna Gulzar’s film Talvar that had pretty much the same insider look. Since there is such a noise about the media reportage (some are saying this should be taught in journalism school on how not to report a murder, something you’d never hear these elite do over the murders of the dispossessed), one wonders how these efforts were not questioned since the case was still sub judice.

Most important cases have been leaked out to the media. If there are to be guidelines on reporting, will it prevent opinions? It was Aarushi’s mother who was on the TV channels a day after her daughter was killed. Was she dragged into it? Does anyone recall how Aarushi’s friends were giving out certificates to her? Does anyone even know that many of the ordinary people are trained before they go ‘live’ with their spontaneity?

The problem is when reportage turns into an agenda. It is not the business of the media to pronounce a verdict. Unfortunately, news channels need stories that are not about an occurrence. They rely increasingly on the ability to play messiah. The cult of the exposé is flawed for it starts with a premise and tries to prove it.

It is titillating to watch blurred faces or little black highlighters over body parts to convey that the newspaper or channel are protecting the identity of the victims. These are victims created by the media, just as they are transformed into heroes for no reason other than having once been victims before those cameras.

***

Now that the CBI has become the bad guy, a gentle reminder that it was the CBI that had earlier washed its hands off the case:

“The agency has filed a final report for the closure of the case on grounds of insufficient evidence in the competent court.”

The CBI came into the picture only after the Noida police made no headway.

They had found a weapon, they had a reasonable motive – “immediate provocation”, they knew of missing files and a swapped vaginal swab, they knew that someone was tampering with evidence. Then, why was it so difficult to find out who and why?

It is impossible that the findings revealed absolutely nothing - the DNA sample? The brain-mapping? Who cleared the room before the police came in? It need not have been one person. These were people in different places doing different things. Who was calling the shots? And why?

The judgment speaks of falsification of evidence. What, then, is the truth? Who will try the falsifiers? Who will find the killers? What will Nupur and Rajesh Talwar do next? It must be tough to have a reputation sullied and so many years lost in prison and it must have been even more tough on them to have a daughter murdered in the next room and the place cleaned up while they were around just a few metres away. They should file a case against the Noida police, the CBI and the hospital authorities for shirking their duty and making a mockery of justice. And the media for making a mockery of everything.

They have the power, being educated and relatively better-off than many who do not have the means. Let this be a fight for the silent Aarushis and the silenced ones.

***


Much of the material here has been collated from my previous posts.

No end to justice: The Aarushi-Hemraj murder verdict

The verdict is out. But this is only another beginning. Rajesh and Nupur Talwar, parents of 14-year-old Aarushi have been pronounced guilty of her murder and that of their domestic help, Hemraj, in the early hours of May 16, 2008. There is also the charge of destroying evidence and filing a false FIR.

They issued a statement saying they will fight for justice. For themselves. Aarushi, even in death, was treated with disdain. Every bit of her for public consumption. No one was concerned about her reputation. Dead people don't have reputations. No one was concerned about Hemraj. I include myself in this group of people who treated his death cursorily.

This is what the death of the poor mean. What is even more astonishing is that after the verdict, there is sadness. People have short memories. The media that enjoyed the spectacle of conjecture now talks about probity. The media that sensationalised the case now thinks in terms of giving respectful space and not judging. Who were they to judge, to begin with? But not only did they judge, they decided on the 'turn of events'. Reporters were posted in Noida and acted as detectives. The change was quite evident.

I have written quite a bit about the case and following are excerpts.

June 2, 2008

Her father Dr. Rajesh Talwar is under suspicion for having killed her and their servant because he found them in a compromising position; other reports suggest that the girl knew about her father’s extra-marital affair. Whatever it is, I do find it surprising that the mother, Nupur, is appearing on several television channels to save her husband. She should be in the lawyer’s offices, with the police. Not giving sound bytes to the cameras. I am afraid I feel no sympathy for her when I watch her. Besides, they say she was in the house when the murders took place.

[I mentioned today that she was on TV a day after the murder. There were cameras covering this, so I did think in terms of a soundbite. Now, it appears she gave an interview to NDTV a week later. Apparently, that is fine. Also, I am told to remember that she was "stoic". That is not the point. It is whether you want justice for your daughter or for your husband and yourself?]

Now comes the part about the media. Aaj Tak channel had a story in the initial days titled, “Papa yeh tu ne kya kiya?” (Papa, what have you done?) What is this? Some soap opera? And when the mother was mentioned they played the track of the song “Maa…tu sab jaanti hai…” from the film Taare Zameen Par.

July 13, 2008

Criticising the UP police once again for their alleged irresponsible handling of the Aarushi murder case, Union minister for women and child development Renuka Choudhary said that the family should sue the police. “The family should sue the state police and those responsible for bungling the case must be suspended,’’ she said.

This isn’t mere concern about how the case was handled and the character assassination of Aarushi’s father Dr. Rajesh Talwar. It is about party politics.

This is a way to make the Mayawati government accountable.

It is true the police was most shabby in how they went about getting evidence, but why did the Talwars not mention their compounder Krishna’s name right then? Now he is the prime suspect. The question also remains as to where the parents were when the murder took place and how soon did they inform the police.

And just for the information of the minister, it wasn’t merely the cops who tarnished Aarushi’s name; the media went haywire. There was no need to report all that and no need to show all those teachers and students certifying the girl’s reputation. All this only draws attention to something that may be untrue but gives enough scope for rumours.

Dec 30, 2010

The CBI can’t solve a case. Aarushi... has left enough traces. But those traces do not seem to find their way to the source.

The Central Bureau of Investigation came into the picture soon after the Noida police made no headway. Perhaps, the entry of the CBI was the big mistake. Big people need big people to get mouths shut.

They found the weapon, they have a reasonable motive – “immediate provocation”, they know of missing files and the swapped vaginal swab, they know that someone was tampering with evidence. Then, why is it so difficult to find out who and why?

It is impossible that the findings reveal absolutely nothing. What did the DNA sample show? What did the brain-mapping reveal? Who cleared the room before the police came in? It need not be one person. These are people in different places doing different things. Who was calling the shots? And why?

Instead, the CBI has washed its hands of the case:

“The agency has filed a final report for the closure of the case on grounds of insufficient evidence in the competent court.”

It has been only two and a half years. There are cases that are pending for decades. I would like to see what Aarushi’s parents do next. It must surely be tough on them to have a daughter raped and murdered in the next room and the place cleaned up while they were around just a few metres away, isn’t it? They should file a case against the Noida police and the CBI and the hospital authorities for shirking their duty and making a mockery of justice.

They have the power, being educated and relatively better-off than many who do not have the means. Let this be a fight for the silent Aarushis and the silenced ones.

I don't know what to add except that there are silenced Hemrajs too.

There cannot be closure for facts change over a period of time because perceptions of them do.

Will Tytler get away again?

The re-opening of the case yesterday against Congress leader Jagdish Tytler for his role in the 1984 anti-Sikh riots could prove to be a boon for the party. Just when it has to deal with those pesky Wikileaks revelations about Rajiv Gandhi's middleman role in procuring fighter jets, it can flash the Delhi Court order as serious intent to seek justice.

Tytler, along with Sajjan Kumar and H.K.L.Bhagat, was largely responsible for what happened in the aftermath of Indira Gandhi's assassination by her security guards, who happened to be Sikh.

What followed was not only genocide, but complete misuse of power. It has been typical of governments to target innocents when they fail to deal with a group's demands or aspirations. It was no different in the case of Sikhs. It was, anyway, the Centre's misguided attitude that resulted in Operation Bluestar. And even if the then prime minister was killed because of disaffection, it had nothing to do with the community, and most certainly not the way a ruling party uses the system to decimate it's citizens.

If it got its ministers and the police to do its bidding then, it continued having a hold on the Central Bureau of Investigation. Therefore, the mere reopening of the case against Tytler, who was exonerated, ought to raise more questions than to result in jubilation.

The Delhi High Court cannot possibly serve as the final stop. It has directed the CBI, which will have to clear its own mischief (what we politely refer to as error of omission) first. Not only did it claim he had no role once, but twice - in 2007 when its closure report was rejected and in 2009.

Three murders and the absence of key witnesses in court (they had moved to America) does not prove innocence. Yet, the Congress let him contest from New Delhi, the city of his crime. Why was he not answerable? There are many ministers from various parties who have a criminal record, but this somehow becomes public knowledge. In Tytler's case, the knowledge itself is brushed away, clearly revealing a tony old boys' protective ring.

He had even talked about his emotional incarceration: “It is very difficult to explain what I am going through. Nobody understands that. But after 22 years of fighting false charges, I am thankful to god. I knew from the very beginning that the affidavit was full of lies. Why else would somebody file an affidavit 22 years after the incident happened. I was not even in Delhi on the day of the first incident and was in a TV studio on the second day. But the media hyped that conspiracy to such a level that it dragged on for so long.”

The CBI had said he was not in the gurdwara, where the three men were killed, but in Teen Murti Bhavan, which happens to be in Delhi. And what was he doing in a TV studio the next day? Why was he not helping to quell the mobs?

There are many images that have stayed, whether in the media or through stories related. Of people being beaten up. Of local bullies being paid to kill. Of people fleeing. Of men throwing off their turbans and cutting their hair. Or women and children that remained in camps. Waiting. Justice became a matter of survival. Food. Clothes. Shelter.

I still cannot get over the fact that despite this horrendous black mark, Rajiv Gandhi - the one who explained the murderous rampage as “when a big tree falls the earth shakes" - took over as prime minister in what has been called a ‘sympathy wave'. No sympathy for the hundreds dead.

The police seemed to follow political instructions, but there was this photograph of Kiran Bedi, lathi in hand, fighting a mob. Was she the lone rebel?

In later years, as Director General of Police, K.P.S.Gill took charge of dealing with terrorism in Punjab. I still remember a senior media person writing after Gill's infamous bottom-patting of a woman IAS officer that this should not result in any serious punishment as the ‘supercop' was a national asset.

One must also realise that no group is above political expediency. The 2004 photograph of Tytler is one such example. As Union Minister of State he was honoured with a 'siropa' by Delhi Sikh Gurdwara Management Committee President Prahlad Singh Chandok at a function.

It only shows that those holding positions of authority can forget and be co-opted easily with the promise of a few sops. The ordinary people need to raise their voices. Closure must not wipe out history.

(c) Farzana Versey

Babri, Balasaheb and Rehman Malik

Overreactions are the new analyses. So it is that one comment by Pakistan's Interior Minister Rehman Malik has been described as a "blow to Indo-Pak relationship".

This reveals more about us - that for fake diplomacy we will reuse a comparison that we say should not have been made. How convenient it is. Here is what Mr. Malik said:

"We don't want any 9/11, we don't want any Mumbai bomb blast (attacks), we don't want any Samjhauta Express blast and we don't want Babri masjid issue."

We don't want Pakistan to meddle in our affairs, but why the rage? Don't we talk about minorities in Pakistan? Why, we even discuss Balochistan. The minister has subsequently clarified:
"When I spoke of Babri, I never compared it with terror acts. What I said is that we do not want ugly incidents..."

I don't agree with him. My problem is that anything coming from Pakistan about issues to do with Indian Muslims makes it difficult for the latter. We don't need Pakistan to solve our problems, but we don't lead isolated existences. The US rakes up 26/11 on its 'do India' time. Why does it interfere in what is our problem? It uses it for its 'war on terror' narrative.

I'd also like to state in clear terms that the post demolition riots were an act of terror. On what grounds, do we make a difference? Only because our own people did it, does it become a lesser crime?

- - -

Now that Bal Thackeray is no more, should his legacy be killed? I ask this with reference to drop cases against him in the post-Babri Masjid demolition riots, as well as the active participation of Shiv Sainiks in the kar seva and the act, something their leader was proud of on record.

An IPS officer quoted in TOI said: "The CBI has informally approached the Mumbai police for this purpose. We are expecting a written communication from the CBI in a day or two. We will certainly provide them with the relevant documents."

The relevant documents are the death certificate and not reports of incitement.
The others who participated in the crime are alive. Since the CBI has woken up, can it pursue those 20-year-old cases? It is rather impudent that it openly seeks closing of a case against one respondent who is dead, whereas families of several dead people await justice.

But then, when has justice been top priority, especially when we talk about holy cows?

- - -

If one 'legacy' is sought to be scotched, another is being forcibly kept alive.

"If they mind their business, the Indian Army will mind its own." This is what an officer said about preparations for Vijay Diwas at Shivaji Park.

Why does the army have to even talk to the Shiv Sena? The party is refusing to vacate the space and has put a couple of hundred workers on vigil. Newspapers report that there is concern about a midnight coup to dismantle what was meant to be a temporary funeral stage and not a memorial. This is illegal occupation of land. The state government does not need to use sly tactics. It can legally remove the structure.

The latest news is gratifying. The Shiv Sena has agreed to remove the makeshift structure. We are a nation that creates shrines everywhere. Bal Thackeray, whatever be one's political stance towards him, was a leader revered by many. However, a memorial to him is not a national concern. His party has every right to commemorate him, but it needs to do so with government sanction.

It is a bit surprising they wanted the place itself named after Balasaheb. Whatever happened to their fealty towards Chhatrapati Shivaji? Wasn't their leader a huge admirer who, in fact, mimicked the Maratha king?

Uddhav Thackeray, his son and leader of the Sena had better not fall into the trap of old tactics. The lure of demagogues only works until the rally ends. These days, such excitement cannot work as more than retail therapy.

Of Ombudsmen and Wo(men)

I think we need an ombudsman to overrule the ombudsman who will be overruled by everyone who knows what an ombudsman is not supposed to do.

Anna had a “wish list”. It just so happens that his wish is not his command. Why is his team's moral high horse better than anybody else's? There is nothing to celebrate about him, his movement, the Opposition, or the ruling party. After all this utter waste of time and effort, I think we deserve a couple of conspiracy theories.

• Why did the BJP chicken out? Perhaps, the party had a tacit understanding with Team Anna that if there were not sufficient crowds – don’t bother about the traffic jams, in Mumbai cows, strays and fallen trees, all cause traffic snarls – then the BJP will not vote for the government’s Lokpal Bill even with amendments. This will give Anna reprieve from the fast, which he should have not undertaken for health and other reasons anyway. And it will give the anti-corruption movement something to do in the New Year.

• Another important factor could be that this would take away the allegations of RSS links of Anna that they are so concerned about, and in effect the BJP might wish to distance itself from for a while to put on its moderate face in the make-up van.

Okay, let us get serious. I do not understand numbers, so will skip all that. There are some details here.

I'd like to address some points BJP's Sushma Swaraj made:

“It appears the government is placing this bill in a fit of rage”

It was pushed into this sewer and naturally came out smelling of turd.

“The federal structure of the Constitution is being violated”

And what was Anna’s movement about? The Constitution?

“Centre wants to make the Lokpal model optional for states, but the bill you have brought makes it mandatory”

True. The river flows from the seas. Same logic.

“18 states have Lokayuktas. Many of them have better bills than the ones you have brought. Like Uttarakhand. Your bill will override those. There are better ones like the bill that Karnataka passed long ago”

So, the Lokpal Bill was already there for 43 years. If that is not good enough, then it is all a matter of how you look at it. This is not a case of ‘uski kameez meri kameez se safeid kyon’. Incidentally, Mamata Bannerjee too is putting up a fight, so you cannot keep everyone happy all the time.

“Minority quota: Reservation in constitutional bodies is not allowed”

In principle, agree. But the ‘Jan’ Lokpal Bill was trying to over-ride the constitution. Besides, if we accept regional variety, then why not caste, class and religious ones? I mean, when you bribe someone with a khokha it is different from using ‘good offices’, hai na?

“Government is acting as if this bill is a nuisance and it just wants to get over with it”

True. Like fast-track justice for certain media-hyped crimes. If you set deadlines, pour out in the streets, have your demon Santas go around demanding support, then the government will play politics with even more vigour. It just has the advantage of being the driver.

“We wanted CBI to be freed from government control. But this bill does the opposite. All power lies with the government”

The Armed Forces are exempt and will be tried through regular and civilian channels. The CBI is an indepenedent agency. This is the time to prove it. The BJP can do what it wants when and if it comes to power.

“CBI’s prosecution and investigating wings need to be separated, with the latter handed over to Lokpal. This way, the government’s hold over the CBI ends”

Fantastic. Why not name it the Federal Bureaus of Investigation. We can have our own FBIs.

“Inquiry against PM comes with too many safeguards. Are you increasing transparency or checking it?”

The prime minister is not directly elected to the post by the people. It is the party that decides. So, in effect, there is no transparency to begin with. The role of the Opposition is to raise issues of crimes of commission and omission on the part of the PM. That is transparency enough. When he appoints people, shuffles portfolios, it is obvious what is going on. What more would we like to know? Heck, we even know that Mukesh Ambani has told him he will invest Rs. 70,000 crore in India. And we know that the PM has given the Home Minister a good report, the same Mr. Chidambaram who was fighting with Pranab Mukherkee who was fighting about who first passed the file for the 2G spectrum.

“Either you correct this bill or I say with folded hands, please take it back and send it again to the standing committee. Let there be a detailed discussion there and bring it back in three months”

No need to fold hands. This was expected. Why wait for three months? Ah, Anna Haxare does not like winters, I understand.

The real cherry on the cake was from the CPI’s Gurudas Dasgupta:

“I support a Lokpal Bill but not this bill”

Yeah, I support Marx, but not Marxism.

- - -

The drama is not over. It will be tabled in the Rajya Sabha, then back to agitations. Meanwhile, here's my cheesy filmi line for the day: Thappad se darr nahin lagta Anna saab, bekar vaar se lagta hai....

Two minute noodle: Lokpal Bill

If we go by Team Anna logic, then the Opposition and independent agencies should be running the government. Forget everything else, it would spell the end of a real Opposition as it should be - to question, debate and give a contrarian point of view and not fight over the spoils of who gets to swivel in the chair.

If the Central Bureau of Investigation (CBI) comes within the Lokpal ambit - which the government draft rightly does not allow for - then all investigation will be left to whims and fancies and further delays or worse. The CBI is not the ISI.

Killing Aarushi Again, Making Jessica Alive?

The CBI can’t solve a case. Aarushi Talwar, the 14-year-old girl who was raped and killed in her room while her parents were in the house, has left enough traces. But those traces do not seem to find their way to the source.

The Central Bureau of Investigation came into the picture soon after the Noida police made no headway. Perhaps, the entry of the CBI was the big mistake. Big people need big people to get mouths shut.

They found the weapon, they have a reasonable motive – “immediate provocation”, they know of missing files and the swapped vaginal swab, they know that someone was tampering with evidence. Then, why is it so difficult to find out who and why?

It is impossible that the findings reveal absolutely nothing. What did the DNA sample show? What did the brain-mapping reveal? Who cleared the room before the police came in? It need not be one person. These are people in different places doing different things. Who was calling the shots? And why?

Instead, the CBI has washed its hands of the case:

“The agency has filed a final report for the closure of the case on grounds of insufficient evidence in the competent court.”

It has been only two and a half years. There are cases that are pending for decades. I would like to see what Aarushi’s parents do next. It must surely be tough on them to have a daughter raped and murdered in the next room and the place cleaned up while they were around just a few metres away, isn’t it? They should file a case against the Noida police and the CBI and the hospital authorities for shirking their duty and making a mockery of justice.

They have the power, being educated and relatively better-off than many who do not have the means. Let this be a fight for the silent Aarushis and the silenced ones.


- - -

This brings us to the film being made on model Jessica Lall who was murdered in a posh resto-bar in Delhi. It became a prominent case because of the person concerned and the place where it happened. Now that the movie is due to be released, the promos have started. I understand that today marketing is crucial, although it does not guarantee a huge turnout. What bothers me is the manner in which it is being pushed. No One Killed Jessica is being promoted as a thriller and the actors are saying so. I find it disgusting. Worse, gossip items in the newspapers give details about the one-upmanship between the two main characters, Rani Mukherjee and Vidya Balan, who are playing an investigative reporter and Sabrina, the sister of Jessica, in the film. We then hear about how they have made up, going to the extent of a mouth-to-mouth kiss. What are they trying to hawk?

They are so insensitive and ignorant that they happily dance and sing when the subject is clearly not a tamasha. I am not saying that the reality shows they appear on lend themselves to such gravitas or should, but can they not at least respect the dead person on whose name they are trying to score? The PR people would most definitely have sent them on these errands, but what they do there is certainly impromptu. It is about them, their best role, their song, their mutual admiration.

Anyhow, the film will be seen by high society because it is all the in-the-know people who will be ‘touched and moved’ that at last Jessica’s memory has been kept alive, never mind the fractured sides that were taken whenever the case came up for hearing. The premiere will be another Page 3 moment with buttered popcorn and Diet Pepsi.