Showing posts with label aarushi. Show all posts
Showing posts with label aarushi. Show all posts

14.10.17

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.

25.11.13

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.