PRITAM SENGUPTA writes from New Delhi: The murder of Aarushi Talwar and the man-servant in the Talwar household, Hemaraj, has been an extraordinary episode in Indian criminal history.
A month and ten days after the two were found dead in Noida, the case is nowhere near being cracked. And this, after a police officer claimed that the case would be solved in 24 hours.
What the nation is seeing, night and day, is the true state of the criminal-justice system.
Policemen and CBI officers bumbling around like buffoons. Abysmal expertise in evidence collection or protection. Bogus theories of motive being merrily floated around. Private SMSes, emails being randomly leaked and planted to besmirch perpetrators and victims. And so on.
And a media that has completely gone haywire.
First Hemraj himself was suspected, then found dead. Then the needle pointed at “doctor or butcher”. Soon the dentist-father of 14-year-old Aarushi, Rajesh Talwar, was arrested. Then it swung in the direction of the other servant, Vishnu Sharma. The dentist’s compounder Krishna was picked up. Krishna said Rajkumar, the domestic help of the Talwars’ partner Anita Durrani, did it. Then the name of Shambhu was thrown into the ring.
The murder was said to be done with a surgical tool, then with a khukri. It was said to be an “honour killing”. The father was said to have done it to hide his extramarital affairs. The father was said to be enraged at his daughter’s proximity with the servant.
Etcetera.
If this is how a crime is investigated in a satellite town that is a stone’s throw from the “happening” capital of a rising, shining, incredible nation, what must be the true state of victims in a poor, illiterate, god-forsaken village or town, away from the media glare?
However, if there is one issue in the Aarushi-Hemaraj case that still sticks out after all these days and from this distance, it is the selective application of the narco-analysis test to ferret out the truth.
Why, for instance, has the “truth serum” been injected on the compounder Krishna alias Kishan, and not on Rajesh Talwar or his dentist-wife, Nupur Talwar?
Obviously, it is the investigating agency’s prerogative on what tests and methods of interrogation it wants to employ on the accused.
Still, what does it suggest that the father (arrested on May 23) on whom so much of the attention was focused in the initial days should only be put to lie detector tests, whereas the compounder (arrested on June 13) is injected with the truth serum almost immediately after being picked up?
Even today, while successfully opposing his bail plea, the CBI has said that Rajesh Talwar is not off the hook in the “blind murder case”, and indeed that there is “reasonable doubt” to believe that the father was involved in the murders.
Why, again, has Aarushi’s mother Nupur been put to two lie detector tests, while Krishna has been put through lie detector tests, psychological tests, and narco-analysis?
As it is, narco-analysis tests have been under the scanner of human rights groups. The evidence obtained through narco-analysis tests not admissible in a court of law. Nevertheless, what does the selective administration of the truth serum in the Aarushi-Hemraj murder case imply?
That lie detector tests are for one kind of people, and narco-analysis for another?
In this country where the constitutions says all are equal all demeaning, torturous and illegal means of interrogation is used only in the case of the poor and powerless. There is nothing new in it. Recently a DGP’s son escaped from the jail and remained untraced for months. Imagine the plight of his father and other family members if he was not the DGP. The father, mother, sibblings, friends, relatives and whoever was found to be close to the escapee would have been dragged to the police station and beaten up and subjected to all other kinds of questioning. In this case, the police had the civility and decency to wait till the rapist was traced. A country, a culture and civilisation of unimaginable inequality. Damn it. The police are like God/religion and the State are worst forms of necessary evils
The term “narco-analysis” gives me a vivid image of Keenbean, the nutty scientist using crazy concoctions (Richie Rich comics).
Numerous studies have showed narco-analysis as a failed procedure — it is (1) crazily unreliable, (2) useless at any court trial, (3) a possible human rights violation, or at least a severe invasion of privacy.
Narco-analysis has been discredited and abandoned by many Western societies. India should follow suit.
CBI is nothing but CRIME BUREAU OF INDIA.
I can bring a well known case myself. One of the Top officers in Bank of Maharashtra was facing CBI investigation for corruption. All of the sudden my collegue working for an IT organization gets a call from Bank of Mahasrashtra to deliver about 250 computers without any purchase order to be installed in about 200 odd CBI officers homes.
Later the corruption case against the Bank of Mahasrashtra officer was withdrawn. CBI is equally corrupt bureau of Investigation.
In addition there are long pending cases against corrupt politicians such as Jaffer Sharief and this have been put into the Backburner because he is politician.
The list is long.
CBI represents the elite corrupt class in the country. No wonder India ranks 74 when it comes to corruption index.
CBI is a tool for the bureacrats and political elite to settle scores against the poor class.
All nepalis are a prime suspect by the police.
Now another favorite, whenever there is a bomb blast in India. The blame is put across the border. So u dont have to catch the criminal and rest of Indians have to believe this story.
Honestly who gives a damn. To the retards who shout about “narco analysis for the poor is wrong”
Dont commit a crime, you idiots. If you do, then kiss your sanity good bye.
I wonder why Narco Analysis is done only in Bangalore. Is it such a complicated setup and procedure. Everytime a criminal is subjected to this they need to be flown to Bangalore. From Abu Salem to karim lala to the arushi murder suspects all of them have been flow to bangalore for this test. Wonder how much this travel costs the exchequer. Ultimately it is the tax payers money.
Whether Narco analysis works or not is a separate matter of debate. But it is more humane than the ‘aeroplane’ techniques of our police.
for a change, politicians must be put on narco-analysis
The doctor’s wife,Dr Nupur Talwar has already been subjected to the lie detector test a few times.Let not the commies see a class bias everywhere…
Is Abdul Rahman Telgi poor or illliterate?
Narco Analysis can be used only for investigation, not for uncovering evidence. The Indian Constitution Sec.20(3) forbids the state from coercing a suspect to incriminate himself. Any statements made by a suspect during a narco analysis test can be used only as leads, and do not amount to a confession or admission of guilt, which in any case is valid only if made in a court of law, after the suspect waives the right not to incriminate himself. Evidence uncovered from leads obtained from a narco analysis must pass a more rigorous test of admissibility than that uncovered through a normal interrogation, which in turn must pass an even stricter test than evidence uncovered from witnesses. A suspect undergoing narco analysis is not fully conscious and so his statements stand already discredited. No evidence from narco analysis tests have to date been even entered in the Indian Courts, leave alone stood challenges of the defence.
Our beloved 22/7 nailed it:
“The key issue about the price of oil in India is a fact that 3.5% of GDP being the uncovered deficit on oil and is not factored into our pricing levels or into our economy. The government is issuing bonds, which are outside the budget, and we don’t have the capacity to last beyond this year. So, it is a crisis that’s developing in India it is beginning to hurt sentiments and people are very worried.”
http://www.moneycontrol.com/india/news/economy/india-inc-to-see-tough-times-ahead-infy/11/15/344079
Where is our friends from KPCC offices?
I believe Indian constitution too must have fifth amendment like clause. (Afterall all that India did was copy !!)
Why can’t public petition court to get narco analysis banned!!!
Narco analysis is not used in any democratic countries!!!
Is India a cesspool of retards!!!
India Ranks 74. Not scores 74!
‘lie detector’ for the doctor and his friends (what is that anyway? a polygraph? a guy with a pen asking questions?)
‘narco analysis’ for the poor (read servants).
Looks like just another new third degree to go with old classics like ‘aeroplane’, ‘chilly stick in the ***’ etc. Only used in high profile cases where it does not make sense to use the direct methods.
Anyone supporting selective ‘narco-analysis’ of poorer suspects should be subjected to the treatment first. After all they have nothing to fear or lie about.
And what is the deal with keeping male ‘servants’ (men typically in their 30s), and rounding them up in ‘servant quarters’ at night?
Added to it in North India, many of these ‘servants’ are villagers who have come to the shaher to supports their families back home. Many single and others who haven’t seen their womenfolk for a year. And their chief source of entertainment – titillating movies.
No narco-analysis needed to see what this situation will lead to.
why not lie detector tests to :
1. Janardhana Reddy : His allegation about kumaraswamy plotting to murder him.
2. Udupi MLA Bhat & VS Achraya; About PPriya’s suicide
3. Ravi belegere : Where the money came from for producing I love you CM
4. Kumaarswamy : Who really told him to ditch congress when Dharam singh was CM
5. PGR Sindhya : what really happened in BSP
What is the meaning of discussing a police case in this lousy country which is the best in the world? Do we still expect law or logic to hold?
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There is no doubt that in India as elsewhere justice is faster for those who can pay. Instances of speedy justice or otherwise is given also to the politicians and for political issues and reasons. My own conclusion borne out of long years of reading the press and watching the visual media and listening to the radio and browsing through the internet is that there need to be some sort of power to move the wheels of justice. Let me quote an event vivid in my memory. Mr. Morarji Desai was Prime Minister at that time. Two events took place in one week. First two children, a boy and a girl on their way to record a programme in the studio of All India Radio were kidnapped and killed and thrown into the bushy ridge in Delhi. The media went on an overdrive to publish every detail of the crime. I could gather that the father of these two unfortunate children was a high ranking Naval Officer and if my guess is right, he had some clout with the ministries. The combined force of the media and of political clout is said to have made the Prime Minister to order “Get the culprits”. Billa and Ranga two men were caught soon, by army men travelling in a train and the trial was faster than the fast track these days. Both were sentenced to death. The day of execution was like a day of solar eclipse in Delhi: deserted roads, and a general gloom. In the same week as the Chopra children were murdered, I was driving along Magazine Road in Old Delhi. I noticed a bloated dead body of a girl not older than Gita Chopra lying in the roadside pool of muddy water. Her body was folded and tied together. Her hands were tied with ropes and a spike went through were body. I searched newspapers scanning them with fine comb and found not a mention of the crime.
Two girls, two economic and social and political strata! One got justice and in the process, fame and even national awards were instituted.
I believe, narco analysis, which is as cruel as custody torture is a tool to extract the so called “lead” or reveal the “truth” is more often administered to solve problems of the high and mighty.