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dailyunsolvedmysteries · 3 years ago

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The Noida Double Murders

On May 15th, 2008, in Noida, India, Aarushi Talwar, 13, was found murdered in her bed on the 16th, and a day later, the body of Hemraj Banjade, 45, was found partially decomposed on the home’s terrace. The years since then have resulted in two distinct CBI (the Indian equivalent of the FBI) investigations, multiple dubious interrogations using “truth serum,” the controversial conviction of the parents of the slain girl, and finally, the high stakes acquittal of these same parents in the Allahabad High Court.

Rajesh and Nupur Talwar lived in an apartment in Sector 25 (Jalvayu Vihar) of Noida, Uttar Pradesh, India, along with their 13-year-old daughter, Aarushi. Both parents were dentists and practiced at their clinic in nearby Sector 27. Like most middle-class Indian families, they employed live-in domestic help to help with cooking, cleaning, and general housekeeping. Hemraj Banjade, originally from the Arghakhanchi district of Nepal, slept in an attached servants’ quarters that featured both a separate entryway from outside the apartment and, also, opened directly into the larger apartment itself. As far as family life was concerned, the only thing of note was that there was nothing especially noteworthy about their family; they were middle-class professionals with a teenage daughter about whom they seemed to care deeply. A normal family, a normal life.

This all changed on May 16th, when Aarushi’s body was found lying on her bed, throat slit and bearing all the signs of a massive wound to the head, covered in a flannel blanket, and Hemraj was nowhere to be found. The police were called, but as can be expected in an apartment building, by the time they arrived, the crime scene was full of concerned neighbors, passersby, and rubberneckers. Only Aarushi’s room was empty, but that didn’t change the fact that the crime scene was “completely trampled upon,” according to a local magazine. Hemraj was immediately blamed for the horrific crime, especially as the police suspected that the throat wound was caused by a kukri, or Nepalese knife. So convinced that Hemraj was the perpetrator, in fact, that Rajesh offered the police ₹25,000 to go to the servant’s village in Nepal and see if he had fled the country. An initial reading of the evidence, at least to the police, suggested that Hemraj had entered Aarushi’s room while drunk, tried to sexually assault her, and then killed her when she fought back.

This reading was almost immediately torpedoed when, the next day, Hemraj’s badly decomposed body was found stashed on the home’s terrace. Even with the state of the corpse, however, one thing was obvious: he had been brutally murdered in much the same way as Aarushi. Both Aarushi and Hemraj were estimated to have been killed at roughly the same time: between midnight and 1AM in the early morning of the 16th. However, even though it had only been a day since the murder, things were already going sideways with the police’s handling of the case. Either due to miscommunication or under the assumption that this would be an open and shut case, the police officers at the scene had given the go-ahead to the domestic staff to clean up the house, and thus eliminate any remaining, non-trampled evidence. Additionally, Aarushi’s body had already been cremated at 4PM on the 15th – stunningly quickly, to some observers, and before Hemraj’s body had even been discovered. Later, a report by the CBI estimated that almost 90% of the evidence at the crime scene was destroyed due to these early missteps.

After considering the Talwar’s previous servant, Vishnu Sharma, and various other domestic help that the Talwars employed, the police settled on the suspects that they would pursue aggressively: the Talwars themselves. It became all too easy to see the attack through the lens of an honor killing. Aarushi had been cremated with astonishing speed after her post-mortem investigation, but the examiner at the time had discovered no signs of sexual activity. However, this seemed to change, with the examiner changing his interpretation to one of possible sexual assault – and paving the way to one of the most popular theories of the case.

In this theory, Hemraj and Aarushi were lovers (although Aarushi was not yet 14 years old), and were discovered in the act by an enraged Rajesh. Blinded by rage, Rajesh killed first Hemraj and then his own daughter, hiding the body of his servant on the terrace to better scapegoat him. At first blush, this is a compelling story: love between two worlds, toxic masculinity, filicide, a conspiracy… It’s no wonder, then, that this is the theory that the media latched onto most eagerly.

The case remains unsolved.

#The Noida Double Murders #true crime #cold cases #crime #UNSOLVED MYSTERIES

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akshayfinance-blog · 6 years ago

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#Rajesh Sharma CBI

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rajendranayar-blog · 6 years ago

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#Rajesh Sharma CBI

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moviesandwebseriesreviews-blog · 4 years ago

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JL 50 Webseries Review: Sci-fi thrillers are always considered as one of the most loved film genres. A passenger plane AO 26 was hijacked and another plane JL 50 crashed near Bagdogra, West Bengal. A CBI Officer Shantanu (played by Abhay Deol) and his colleague Gourango (played by Rajesh Sharma) were asked to investigate this mysterious plane crash.

#jl 50 review #jl 50 #webseries #webseries review

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juudgeblog · 7 years ago

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Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr (Aarushi Murder Case) – Case analysis

In this article, Akancha of BVP Pune does a case analysis on the infamous Aarushi Murder case, Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr.

The suspect changes continuously! The police suddenly become of no use! CBI changes its team without giving any reason! The court convicts the parents! The court evicts the parents!

A chain of contradictory and questionable events that took place due to the dereliction in the initial investigation and the dubious methods used for confession, which led to critical gaps in the evidence resulting in the release of the prime suspects and closing of the case with many questions unanswered and breaking down of the entire concept of justice.

Timeline of events

May 16, 2008 – Aarushi Talwar found dead in her bedroom. Hemraj (servant of Talwar’s) is absent from the apartment and suspected to be the murdered by the parents.

May 17, 2008 – Hemraj body found on the Talwar’s terrace with a bloody handprint on the wall.

Postmortem Report

According to the report, both Aarushi and Hemraj were killed between 12 A.M. to 1A.M. Both of them were killed in the same manner and the blunt object that caused U-V curve and was used to kill them could possibly be a golf stick.

Aarushi’s Postmortem Report- She had a blunt injury on the forehead (8 cm*2 cm) and that was made with a “heavy sharp-edged weapon”, a cut on her neck (14 cm*6 cm) and such injury were made with surgical precision.

Hemraj Postmortem report- The blunt injury was made on the back of Hemraj head and the neck injury was same as that of Aarushi.

The object used for both the murders was the same and the victims died in 2 minutes as soon as the object hit them.

Investigation

First stage – U.P. Police Investigation

After seeing the postmortem report the police concluded that the double murders were an insider job and were done with someone who had clinical precision. On May 19, 2008, Vishnu Sharma, the former domestic helper was suspected of killing them due to the rage of getting replaced by Hemraj. But police could find nothing on examining him.

The second stage – Joining of Delhi Police

On 21st May 2008 the Delhi police joined the investigation and suspected Rajesh and Nupur Talwar for murders. Main reasons for such suspicions were-

The denial of Aarushi’s parents about hearing any sound even though they were just 7-8 feet away from her room.

The offer of Rs 25000 made by Rajesh to find Hemraj was seen as a diversionary tactic,

The denial of Rajesh to identify Hemraj body was seen as an attempt to mislead the police.

The undue haste shown by the family in cleaning and cremating the body was a matter of suspicion of the police.

The request made by Dinesh to remove any sexual assault information from the post-mortem report was objected by the police.

They created an extramarital affair theory between Rajesh Talwar and Anita(Talwar’s friend). Aarushi knew this fact and had confided with Hemraj. According to them Rajesh finding Aarushi and Hemraj in an objectionable position that night could not control his anger and committed the double murder. The extramarital affair of Anita and Rajesh was confirmed by Anmol, a close friend of Aarushi who was told this fact by Aarushi. On May 23, 2008, Rajesh Talwar was arrested as the key suspect. Being criticised for questioning the character of Aarushi he changed his storyline to Aarushi being the witness of Hemraj murder was killed by her father. However, police had no material or forensic evidence to prove it. This clearly shows that police had invariably failed in investigating the case and formed a storyline which suited them.

Third stage – Investigation by the first C.B.I. team (2008-09)

On 1st June 2008 at the request of Aarushi’s parents, the case was transferred to CBI. The first CBI suspected Krishna (Driver of Talwar’s), Rajkumar(Ex- servant of Talwar’s), and Vijay(Talwar’s compounder) and arrested Krishna on June 13, 2008. A number of narco tests were taken on them but they were not conclusive as every time a different version of the day was given- With an intention of taking revenge and finding Aarushi’s door open he killed her and since Hemraj was a witness to such murder he killed him on the terrace and destroyed their cell phones and flushed the murder weapon. However, no charge sheet could be filed against them as it was proved that they were not present at the time of the murder and narco tests could not be relied upon by the court as well as the blood-stained ‘khurki’ and pillow cover found from Krishna’s room had the blood of an animal in it.On June 26, 2008, the CBI declared it a ‘blind case’ but bail was denied by the court on the same and new team was appointed for investigation. This again showed a complete failure of the police in the examination of the witnesses.

Fourth stage – Investigation by the New CBI team (2009-10)

In July 2008 due to media pressure on the failure of CBI to investigate a new CBI team was formed to investigate the crime and they alleged that the victims were murdered by Nupur and Rajesh Talwar on the following grounds.

No forced entry- The CBI claimed that there was a friendly entry as there was no sign of breaking of any door or window. Since there were only four people in the house and two were killed the onus to prove lied on the parents.

Room locked by parents- Since Aarushi’s room was locked by parents and they had the keys. They had to prove if anyone else entered the room and the way of entry.

Altering the crime scene- The blood could be found on the floor, pillow, wall and even at the entrance of the bedroom but the toys, pillow on the back of the bed, the book and school bag which should come under the ambit of blood spill were clean which shows that they had been cleaned. Moreover, the bed sheet was laid out smoothly as if the body was kept on the bed sheet after the murder. CBI also claimed that the private parts of Aarushi cleaned after her death. The two golf clubs were cleaned so much that they were visually distinct from other golf clubs.

They supported the love theory formed by the police.

On 9th February 2011, the Ghaziabad special CBI court convicted the parents of murder on the basis of circumstantial evidence and media pressure which was a complete miscarriage of justice. After a lot of waits the Allahabad High Court on October 2, 2017, acquitted them on basis of weak evidence and provided relief to those poor parents.

Questions of law involved

The special court of CBI while conducting the trial under Section 45 of the Indian Evidence act did not admit narco tests of the servants as an admissible evidence. Moreover, the court under Section 8 of the Indian Evidence Act admitted maid’s statement that Nupur Talwar had told her a made up story and the murder was pre planned.

The court under Section 106 and 114 of the evidence act presumed the existence of certain facts against the parents and did not consider any other evidence presented by the accused. The court gave one sided judgment and convicted Talwars U/S 302 r/w Section 34 for murdering her daughter and section 201 r/w Section 34 for tampering with the evidences.

The Allahabad High Court corrected the error made by the trial court in an application of law and highlighted that Section 106 of the Indian Evidence Act did not absolve the prosecution from proving case beyond reasonable doubt under Section 110 of the act. The court pointed out that Section 106 did not intend to shift burden of proof to the accused but could only be used when certain facts were difficult to be proved by the prosecution.

This section could only be applied if CBI would have proved the case beyond reasonable doubts. Moreover, the prosecution (CBI) in this case had failed to establish the case beyond reasonable doubts. Hence the benefit of doubt should be given to the Talwars and they were acquitted.

The question on the justice system

Even though the Talwars presented sufficient evidence before the special CBI court to prove that they were not guilty the court on the basis of circumstantial evidence and media pressure convicted them. The faults made by the police in the investigation procedure which raises question on the justice system are-

The police after coming to the house did not show due diligence and did not record the evidence carefully. The crime scene was open to all and people and media were walking everywhere by which most of the evidence either got tampered or destroyed.

Despite regular request to use the Touch DNA system they did not use it and could not recognize the handprint near Hemraj body which was one of the main evidence. Moreover, the murder weapon could not be found.

The double bedsheet used to separate the terrace had a shoe print in it which was of 8 or 9 number. They failed to recognize the person in the shoe print.

The mouth of Hemraj had hairs in it. It was pointed out by the Talwar’s lawyer but the police ignored it.

The investigators were unable to determine the person who called Hemraj at 8.27 P.M from the PCO located a kilometre away from Talwar’s apartment.

The fingerprints present on the whiskey bottle could not be identified.

Moreover, many facts were left unturned and many questions that arose during the investigation were not answered by the police. Some questions that were left unanswered were-

The unanswered questions

If Talwar’s were responsible for their daughter’s murder why would they ask for CBI investigation?

If CBI alleged that the evidence was tampered by the Talwars then why didn’t the Talwars remove the bottle and glass of whiskey that had blood and fingerprints on it or why didn’t they clean the same?

Why was the CBI team changed when it was about to file a charge sheet and its cause not revealed in public?

Why didn’t the old CBI team did not show the report of investigation of the three suspects- Krishna, Vishnu, and Rajkumar?

Why was the closure report filed by CBI different from the postmortem report as the closure report stated that the injury caused to Aarushi was on the back of her head while postmortem stated in the front?

Even after the regular request of the Talwars why want the touch DNA test performed?

Why did CBI ignore its own sound tests which showed that Talwars did not hear any noise due to the air conditioner?

The crucial questions that the police did not pay any heed to as well as the faulty investigation that it took raises an eyebrow on the justice system and is a shame for the country.

Role of Media Trial in the case

Media played both positive and negative role in this case. It cannot be denied that the unblinking glaze of media was one of the major reasons in pointing out the faulty investigation by the police and this led to CBI involvement and high profile investigation in the case else the case would have been closed and put on the dusty shelves of the police station. The Supreme court heavily criticised the role of media and said that media scaled new heights of responsibility which caused irreparable damage to the innocent parents who lost their only child. Due to the continuous faulty theories, formed just to gain TRP lad people to believe that the parents were the killer of their only child even though there was no witness to testify that.

The love angle taken out by media between Aarushi and Hemraj completely destroyed the character of that small girl. Even before the investigation Inspector General of Police, Meerut in a press conference declared the girl as characterless and concluded that the father in sudden and grave provocation killed the daughter. Although the Inspector General was charged with the defamatory statement, this story was spiced up by and the confused nation settled on this baffling story which completely destroyed the image of the innocent girl and her parents.

Various news telecasts authoritatively claimed the love angle theory to be true. In every article, conference and talk show the parents were portrayed as immoral and unfeeling. This led people to believe in this theory to such an extent that they thought that the case was filed just for convicting the parents and not for investigation. All this took away the right of a fair trial from those innocent parents and in turn led to the conviction of the innocents.

Author’s Opinion

Alleging anyone of them involved in this case, in my opinion, would be an injustice to them as the case even after so many years of investigation and trial gives a blurry view of the criminal. The complexity of the case arose due to the continuous failure of the police as well as CBI to record evidence as well as loopholes in the Indian legal system which prevented them from carrying on the investigation.

With the growth of society and increasing complexity of crimes, it is necessary that the technological inventions should be utilized to its fullest. There has always been unanimity on the point that medical and forensic evidence help the court of law to come to logical conclusions. Involving more and more medical experts in the investigation for delivery of justice is the need of the hour. Although the courts have not considered narco analysis as a reliable source its necessity cannot be neglected in the present situation. There is an urgent need to legalize this test by making new and separate laws governing the extent and mode of such analysis.

The case also pointed out an important issue of media trial. The separate investigation carried out by media plays an important role in shaping the case and thus has to be fair and unbiased. However, media needs to maintain a balance between the investigation and privacy rights of an individual. The Supreme Court highly criticized the violation of the right to privacy by media trials in Aarushi’s case. Ergo, the case cleared many loopholes and problems in the legal system that need to be corrected for speedy and fair trial so that injustice is not done to any other person as done in this case.

[1] Pallavi Polanki (2 October 2012). \”Aarushi- Hemraj trial: more holes in prosecution\’s case\”. Firstpost.

[2]http://ift.tt/2tW2qXp

[3] \”Talwars were nervous: Cop\”. The Times of India. 31 January 2013.

[4] http://ift.tt/2iwan1V

[5] supra 4

[6] http://ift.tt/2iv4emK

[7] http://ift.tt/2iv4gem

[8] http://ift.tt/2iwaryH

[9] http://ift.tt/2iv4i5Y Hemraj-hit-aarushi-unintentionally-says-cbi/1106834/

[10]http://ift.tt/2tW2qXp

[11] http://ift.tt/2iwaudR Hemraj-murder-case-allahabad-hc-verdict-4886372/

[12]http://ift.tt/2iwaw5t

The post Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr (Aarushi Murder Case) – Case analysis appeared first on iPleaders.

Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr (Aarushi Murder Case) – Case analysis syndicated from http://ift.tt/2vKNZDn

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loyallogic · 7 years ago

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Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr (Aarushi Murder Case) – Case analysis

In this article, Akancha of BVP Pune does a case analysis on the infamous Aarushi Murder case, Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr.

The suspect changes continuously! The police suddenly become of no use! CBI changes its team without giving any reason! The court convicts the parents! The court evicts the parents!

Timeline of events

May 16, 2008 – Aarushi Talwar found dead in her bedroom. Hemraj (servant of Talwar’s) is absent from the apartment and suspected to be the murdered by the parents.

May 17, 2008 – Hemraj body found on the Talwar’s terrace with a bloody handprint on the wall.

Postmortem Report

Hemraj Postmortem report- The blunt injury was made on the back of Hemraj head and the neck injury was same as that of Aarushi.

The object used for both the murders was the same and the victims died in 2 minutes as soon as the object hit them.

Investigation

First stage – U.P. Police Investigation

The second stage – Joining of Delhi Police

On 21st May 2008 the Delhi police joined the investigation and suspected Rajesh and Nupur Talwar for murders. Main reasons for such suspicions were-

The denial of Aarushi’s parents about hearing any sound even though they were just 7-8 feet away from her room.

The offer of Rs 25000 made by Rajesh to find Hemraj was seen as a diversionary tactic,

The denial of Rajesh to identify Hemraj body was seen as an attempt to mislead the police.

The undue haste shown by the family in cleaning and cremating the body was a matter of suspicion of the police.

The request made by Dinesh to remove any sexual assault information from the post-mortem report was objected by the police.

Third stage – Investigation by the first C.B.I. team (2008-09)

Fourth stage – Investigation by the New CBI team (2009-10)

Room locked by parents- Since Aarushi’s room was locked by parents and they had the keys. They had to prove if anyone else entered the room and the way of entry.

They supported the love theory formed by the police.

Questions of law involved

The question on the justice system

The double bedsheet used to separate the terrace had a shoe print in it which was of 8 or 9 number. They failed to recognize the person in the shoe print.

The mouth of Hemraj had hairs in it. It was pointed out by the Talwar’s lawyer but the police ignored it.

The investigators were unable to determine the person who called Hemraj at 8.27 P.M from the PCO located a kilometre away from Talwar’s apartment.

The fingerprints present on the whiskey bottle could not be identified.

Moreover, many facts were left unturned and many questions that arose during the investigation were not answered by the police. Some questions that were left unanswered were-

The unanswered questions

If Talwar’s were responsible for their daughter’s murder why would they ask for CBI investigation?

Why was the CBI team changed when it was about to file a charge sheet and its cause not revealed in public?

Why didn’t the old CBI team did not show the report of investigation of the three suspects- Krishna, Vishnu, and Rajkumar?

Even after the regular request of the Talwars why want the touch DNA test performed?

Why did CBI ignore its own sound tests which showed that Talwars did not hear any noise due to the air conditioner?

The crucial questions that the police did not pay any heed to as well as the faulty investigation that it took raises an eyebrow on the justice system and is a shame for the country.

Role of Media Trial in the case

Author’s Opinion

[1] Pallavi Polanki (2 October 2012). \”Aarushi- Hemraj trial: more holes in prosecution\’s case\”. Firstpost.

[2]http://ift.tt/2tW2qXp

[3] \”Talwars were nervous: Cop\”. The Times of India. 31 January 2013.

[4] http://ift.tt/2iwan1V

[5] supra 4

[6] http://ift.tt/2iv4emK

[7] http://ift.tt/2iv4gem

[8] http://ift.tt/2iwaryH

[9] http://ift.tt/2iv4i5Y Hemraj-hit-aarushi-unintentionally-says-cbi/1106834/

[10]http://ift.tt/2tW2qXp

[11] http://ift.tt/2iwaudR Hemraj-murder-case-allahabad-hc-verdict-4886372/

[12]http://ift.tt/2iwaw5t

The post Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr (Aarushi Murder Case) – Case analysis appeared first on iPleaders.

Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr (Aarushi Murder Case) – Case analysis published first on http://ift.tt/2gOI9L4

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todaybharatnews · 4 years ago

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via Today Bharat JL50, directed by Shailender Vyas, needs to be commended for its attempt to construct a back-to-the-future vibe, and some nice flourishes; you just wish it was better done overall. JL50 is available on SonyLIV. JL50 opens on an ambitious, intriguing note. Somewhere in the hilly reaches of the North East, a plane crashes, and as the news starts trickling in, several puzzles begin to grow. Is there more than one plane that’s gone missing? Why is a flight manifest 35 years old? Why is everything connected to that ill-fated plane so hush-hush? Such a relief to find an Indian web series which has nothing to do with hinterland violence, foul-mouthed goons, and sexual acts bunged in strictly for shock value. The characters here belong to the terrain, and picturesque Kolkata is a perfect location for what begins as a classic mystery. A CBI officer (Abhay Deol) and his colleague (Rajesh Sharma) are informed that the case of the mysterious crash is ‘sensitive’. As the trail gets ever twisted, we come across a shifty professor (Pankaj Kapur) and a crash survivor (Piyush Mishra), both of whom have something to hide. What is their connection with the disoriented woman (Ritika Anand) who wakes up in a room and cannot recognise anything? And why does everything lead back to that plane? The set-up took me in, and I was all set to have fun with the rest of it. It’s always nice to have performers who can get the job done, and some. Atmosphere always helps deepen mysteries, and while some of the action takes place in the lanes and distinctive houses, we also keep getting lovely panoramic views of the city. But soon enough, the plot starts to unravel and while we are ready to swallow many implausibilities which come with a story which involves time travel (yes, that’s right), they need to be done just so. Also, some strands are left hanging. Deol’s Shantanu is given a damaged relationship, which is never referred to again, through the four episodes it takes for the series to wrap. Mishra’s miraculously healthy survivor develops vampire-red eyes, and an eye-roll of a meltdown. Kapur makes the most of his part, though, as does Sharma. And the climax, which involves a large empty shed and characters dodging bullets, reminds you of bad Hindi movies that are wisely no longer being made. The ‘mad scientist cooking up time-warp instruments while spouting gobbledygook’ is a genre by itself, and many enjoyable yarns have come out of it. JL50, directed by Shailender Vyas, needs to be commended for its attempt to construct a back-to-the-future vibe, and some nice flourishes; you just wish it was better done overall.

#IFTTT #Today Bharat

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rajeshsharmacbi-blog · 6 years ago

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Money matters consist of cash, capital, stocks, lending, investing, profit, loss, CBI (Cash, Bank & Interest)

#Rajesh Sharma #Rajesh Sharma CBI #Rajesh Sharma Money Matters

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rajeshsharmamoneymatters-blog · 6 years ago

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#Finance #Rajesh Sharma Syndicate Bank #Rajesh Sharma Money Matters #Rajesh Sharma CBI Raid #Rajesh Sharma CBI #Rajesh Sharma bank fraud

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holyobservationangel-blog1 · 4 years ago

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Movierulz Jl 50 full webseries review

Movierulz Jl 50 webseries review JL50 opens on an ambitious, intriguing note. Somewhere in the hilly reaches of the North East, a plane crashes, and as the news starts trickling in, several puzzles begin to grow. Is there more than one plane that’s gone missing? Why is a flight manifest 35 years old? Why is everything connected to that ill-fated plane so hush-hush? Such a relief to find an Indian web series which has nothing to do with hinterland violence, foul-mouthed goons, and sexual acts bunged in strictly for shock value. The characters here belong to the terrain, and picturesque Kolkata is a perfect location for what begins as a classic mystery. A CBI officer (Abhay Deol) and his colleague (Rajesh Sharma) are informed that the case of the mysterious crash is ‘sensitive’. As the trail gets ever twisted, we come across a shifty professor (Pankaj Kapur) and a crash survivor (Piyush Mishra), both of whom have something to hide. What is their connection with the disoriented woman (Ritika Anand) who wakes up in a room and cannot recognise anything? And why does everything lead back to that plane? https://www.youtube.com/watch?v=9c5KzzCvQYo Jl 50 movierulz The set-up took me in, and I was all set to have fun with the rest of it. It’s always nice to have performers who can get the job done, and some. Read the full article

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marymosley · 4 years ago

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Judicial Approach on Freedom of Media and Media Trial

What is media?

Media is a collective communication tool which includes publishing, broadcasting and the Internet through several mediums like radio, television, newspaper etc. Among all other duties the main duty of media is to create sense of awareness among general public regarding the democratic and social duties and responsibilities. Media is termed as the “fourth pillar” of democracy and it makes accountable the other three pillars of democracy i.e. “executive, legislature and judiciary”. It is expected that the information provided by media will be impartial and unbiased and media should transmit information to us rather than making personal views or opinions on that subject because media has utter prominence over the minds of public and public get easily influenced by the media streaming. But sometimes media misuses its power by making it a concoction of news, information and own opinions, which is often termed as media trial.[1]

What does that trial mean?-

According to Oxford English Dictionary, “trial” means, a formal examination of evidence by judge, typically before a jury, in order to decide guilt in a case of criminal or civil proceedings. This definition clearly reflect that media is not eligible enough to conduct a trial.

In this exponentially evolving competitive market, the media often misconstrues and misrepresents the original facts and engages in tabloid journalism to get high target rating point (TRP) and to grab the attention of the public. There are many incidences and high profile cases where media conducts a trial of an accused even before the verdict is passed by the court. Thus it infuriated the atmosphere around, which makes public reckless about their opinions and makes the accused look like guilty in public perception. [2]This is the sole reason why Media trial is not accepted and appreciated in a democratic society.

The Delhi High Court in a suo motu case observed that in our slow judicial system of conducting trials, the accused many a time is subjected to media trial and there is no legal remedy to it. And in such case no one claims any relief to this by “injunction” or for “damages”. Here the Court has no other option to protect the aggrieved individual’s rights and reputation from except” by being more vigilant and pro-active. We know that “Right to fair trial” in a “criminal prosecution” is impliedly mentioned under the “right to life” guaranteed by Article 21 of the Constitution of India. It is proven that if the criminal proceedings are not just and fair, then judicial fairness cannot be achieved.

Fair trial involves independent judges, public hearing, the presumption of innocence, right to counsel and many other factors.[3] The proceedings of a case are expected to be conducted by impartial, independent and competent Judges to ensure the fair trial. Public hearing is also included under the concept of fair trial.

Role of Media in Democratic Society–

As per the Constitution of India “right to know” falls under fundamental principle. Although the freedom of press is not explicitly mentioned anywhere but the Supreme Court of India explained through cases that this “right to know” forms the base of the “freedom of the press”. The Supreme Court declared that the primary objective of the press is to provide all-inclusive and exhaustive information on all kinds of political, social, economic and cultural situations in the country. It also stated that the primary motive of media in a democracy will be promoting transparency.[4]

Media and Freedom of Speech and Expression–

As it is said earlier that freedom of media is not deliberately mentioned anywhere in the Part Ⅲ of the Indian Constitution which contains fundamental rights and freedoms. But it finds its root to Article 19 (1) (a) of the Constitution of India which validates “freedom of speech and expression”.

Why Is Freedom of Media/ Press Not Markedly Stated in Indian Constitution?

To answer this question we have to go back to the earlier debates of the Constituent Assembly, where Dr. B. R. Ambedkar said that Press does not enjoy any special rights which are not devoted to individual citizens to handle and operate in their regular lives. The editor of a press or the manager just exercises the right of the expression, and this the main reason why freedom of press is not specially mentioned in the Constitution.[5]

Freedom of media is not unconditional and absolute and like any other platform, free press is also restricted with the shackled of some limitations stated in Article 19 (2) of the Constitution and those “limits” flow from the “right to privacy”, “right to reputation”, the law of “contempt of court” etc. So, the press cannot use its “freedom of speech and expression” as an excuse to infringe anyone’s privacy and it has to be accountable to Court if it excoriates a person in a libelous manner. In the same way, the press should not indulge in “contempt of court” by taking up parallel trials when a trial is going on before a court of law. Media does not have a clear idea about the rules and regulations of citing evidence and does not know which evidences are enough to declare an accused as a convict.

There is a famous Latin maxim: Audi alteram partem, which means no side of a case will be unheard and both parties will be given a chance to defend themselves but while the media is just concerned about their prime time breaking news, an accused doesn’t get the chance to speak for himself usually and it hampers the principle of natural justice.

Starting from the age of “Bengal Gazette”, “Sambad Koumudi”, “Yugantar”, “Amritabajar Patrika” journalism merged as a noble profession where journalists used to work with braveness, integrity and impartially to serve the nation but in this current era of obtaining highest TRP, accused often goes through mental turmoil, his reputation gets shattered and the whole family suffers with him/her too. And thus the “media trial” has moved to “media verdict” which clearly indicates the misuse of freedom of speech.

An Analysis of The Effect of Media Trial on Some Prominent Cases and Developments In Recent Times

JESSICA LAL MURDER CASE –

Facts of the case:

On April 29, 1999; a model named Jessica Lal was murdered. On a Thursday night when Jessica Lal was working as a “bartender” at the “Tamarind Court” restaurant situated in Delhi was shot by a gun which resulted in her death. Her friend and an actor Shayan Munshi was also working with her. Manu Sharma, who is the son of Minister Venod Sharma, ordered a drink in that bar, to which Jessica Lal refused. After being offered of Rs. 1000 for a single drink, Jessica refused to serve again. After this, Manu Sharma took out his revolver fired at the ceiling and then at her. She was taken to the hospital immediately but died after some time due to excessive blood loss. Manu Sharma swiftly went out of the bar after shooting Jessica. Though many witnesses pointed Sharma as the culprit, Police could not arrest Manu Sharma immediately because he was hidden with the help of his friends and also destroyed the prime evidence i.e. revolver. But to the great shock, when the trial finally began in the month of August, 1999; the main witnesses Shayan Munshi became hostile. Afterwards other witnesses also turned indifferent to the case by the year 2000 and the trial court released Manu Sharma because the police could not recover the gun used in the act as the main event and the ballistic report was also not submitted.

Role of media:

The media actively sincerely started to publish and broadcast the issue and also directly claimed that Manu Sharma’s father was influencing the police by misusing his power. The High Court of New Delhi in December, 2006, declared Sharma. In the meanwhile, it was revealed by a sting operation conducted by a newspaper “TEHELKA” that Venod Sharma bribed Shayan Munshi to keep them away from the case. The channels also inveigled the common public throughout the country to send texts and mails concerning their views about the trial and media started a parallel trial. Manu Sharma’s defense lawyer Ram Jethmalani argued in the Supreme Court that the media scorned and maligned his client “before and during the proceedings”.[6]

The Court admitted that although the accused was getting influenced due to the remarks of “trial by media” regardless of the fact that the impact was not spreaded to a great extent.[7] The Court also held that in this media is not affecting the accused as such but if this role of media is not regulated and restricted in a positive boundary then it may lead to a serious risk in future causing “contempt of court” where the media will not even set back from forging false evidences.

So the law and governance need to check that the “trial by media” does not act as a hindrance to fair investigation and does not infringe the right of defense of the accused.[8]

NOIDA DOUBLE MURDER CASE

Facts of the case:

This case is well known by another name i.e. Aarushi Talwar murder case where a fourteen-year-old girl Aarushi Talwar and a forty-five-year-old Hemraj Baanjade was murdered and the case is still unsolved. Aarushi was the only child of Dr. Rajesh Talwar and Dr. Nupur Talwar and Hemraj was their domestic worker who lived with them. On 16 May 2008, Aarushi’s parents found her body and the main accused of the event, servant Hemraj who was missing. But on the next day itself, Hemraj was found dead on the terrace. Failure to secure the crime scene brought heavy criticism to the police.

When Hemraj was found dead, the police accused Rajesh Talwar as the prime suspect because they thought that Rajesh has killed both of them after seeing them in a “compromising” position.

Afterwards the case was transferred to the CBI, which initially declared the parents innocent and suspected Krishna Thadarai, the compounder in Rajesh Talwar’s clinic, Rajkumar, the domestic help of Talwar’s friends based on the narcotest but they were also released due to scarcity of evidence. In 2009 again, the case was referred to a new CBI team but they proposed to close it due to the same reason.

Rajesh Talwar was contemplated as the sole suspect due to the circumstantial evidence and the CBI Court declared the parents guilty and they were sentenced to life imprisonment. In 2017, Allahabad High Court acquitted the Talwar couple giving them benefit of doubt. [9]

Role of media:

Afterwards this, the print and electronic media started their outcry by encumbering all the newspapers and channels with the news of Aarushi Talwar’s murder. It was very unfortunate to see the insensitivity of media in reporting this case. The dramatizations in several channels objectified and defamed a dead minor girl and showed simulating objectionable scenes of Aarushi and Hemraj together and Rajesh coming with a golf club and hitting them. All such acts of media completely distraught the reputation of the dead girl, her parents and all those people whose names were mentioned in several shows.[10]

Aggrieved and shocked to see the role played by media here, Dr. Surat Singh, an advocate, filed a PIL and the Supreme Court took this very seriously. The Court reprimanded both print and electronic media to be aware of the prejudicial steps they are taking because it was meddling with the “right to defence of the accused”.

The Supreme Court ordered restraint on “published material which may interfere with the investigation process in respect of all cases.” 104 And this whole event was strongly lambasted by many as “trial by media”.[11]

SUNANDA PUSHKAR DEATH CASE –

Facts of the case:

Sunanda Pushkar, the wife of renowned politician Shashi Tharoor, was found dead in a hotel at Delhi on January 17, 2014. After recovering the body, Delhi police informed Shashi Tharoor about the death. In the initial reports claimed that she committed suicide but later on it was found out that there were also injury marks on the body and ultimately the autopsy report depicted drugs were consumed in high quantity and it resulted into death. By October 2014, the medical team concluded that the death was due to poisoning. After receiving the final report the police filed an FIR for this murder case against an anonymous person on January, 2015.[12]

Role of media:

On the very same day of the death of Sunanda Pushkar, without any delay, the media reached the scene and started its trial and when the Delhi Police Commissioner refused to label Tharoor as the prime suspect, the media declared Shashi Tharoor as the murderer. Some of the media houses were using confidential medical reports and some forged statement made by any distant cousin of Pushkar claiming Tharoor was the murderer. [13]Here the journalists were playing almost every part like that of an autopsy surgeon, cop, scientist, investigator, forensic expert to validate their stance.

In 2017, after suffering from such media trial, Shashi Tharoor filed a defamation suit in Delhi High Court against a well known media house. The Court held that the media houses and journalists are free to state facts and information related to the investigation, maintaining the balance between media trial and freedom of expression but cannot declare Shashi Tharoor to be the murderer.109 The Court also declared that after a criminal investigation starts, the media needs to be more cautious and sensitive and the “press” cannot declare anyone convict or insinuate anyone guilty or make any kind of unsubstantiated claims.[14]

TARUN TEJPAL SEXUAL ASSAULT CASE

Facts of the case:

In 2017, the chief editor of “Tehelka” Mr. Tarun Tejpal was accused of raping by a woman journalist who worked with Tejpal and accused him of sexually assaulting her in an elevator in a five-star hotel in Goa during conference named “Think Fest” which was organized by “Tehelka”. In June 2017, a trial court in Goa restricted the publication of the court proceedings and it held that the proceedings will take place in-camera.

Role of media:

On 28 May 2018, a famous news channel broadcasted CCTV footage in prime time show, clearly depicting Tarun Tejpal and the complainant together. The channel did not comprehend for a sector that this kind of move can infringe the “rights of the accused” or the “privacy of the complainant”. It is one of the various evidences in the trial and to determine any party’s guilt or innocence from that tape was a gross guesswork.

Supreme Court lawyer Rebecca Mammen responded that such intentional violation of some rights and duties by media can manipulate people’s mind negatively and she also stated that Section 327 (2) and (3) of The Code of Criminal Procedure commends to conduct Rape trials in camera. So it shall not be lawful for any person to print or publish any matter in relation to that matter, except with the previous permission of the court of public viewing of the footage.[15]

After a lot of criticism, the media house deleted all the debates, discussions and other online videos from its website. Though all these actions of media made it almost impossible to run the trial smoothly and it caused havoc damage to reputation the parties of the case held in society. Conclusion

From all the cases discussed above, not only judicial approach is clear but it is also clear that media has huge power to influence the subconscious thinking and perception power of general public and it is clear from the following percentage statistics.

There are over 100,000 publications registered with the Registrar of Newspapers for India with a combined circulation of over 240 million copies in the whole country. And almost 87% of the population of India is connected through electronic media.

We are sure that journalism, as a whole, is not decaying and there are ample chances to direct it in the right way. In the recent past, some big frauds and criminal rackets came to notice due to the efforts of media only. But the media needs to keep in mind that the freedom it is enjoying, has to be utilized for greater public good rather than clouding their perception and thoughts with the target of snagging utmost attention on news items which may not be of public interest, only for the purpose of excelling in the competition to be on the top.

[1] Ayesha Khalid, Media as a Fourth Pillar of Democracy (2016), https://ift.tt/2PEMZfr.

[2] R. K. Anand v. Delhi High Court, (2009) 8 SCC 106.

[3] K. Anbazhagan v. Superintendent of Police, AIR 2004 SC 524.

[4] In Re: Harijai Singh and Anr.; In Re: Vijay Kumar, (1996) 6 SCC 466.

[5] B.R. Ambedkar, CONSTITUENT ASSEMBLY OF INDIA DEBATES (PROCEEDINGS)- VOLUME VII (1948), https://ift.tt/3ipgoqp.

[6] J. Venkatesan, Supreme Court confirms life term to Manu Sharma (2010), The Hindu.

[7] Ibid.

[8] Sidhartha Vashisht v. State (NCT of Delhi), AIR 2010 SC 2352.

[9] Aniruddha Ghosal & Kaunain Sheriff M., Aarushi Talwar murder case: Key evidences that caught attention (2018), The Indian Express.

[10] Shoma Chaudhury, Aarushi Talwar murder case verdict is a chance for cops, courts and media to say: never again (2017), DailyO

[11] Marco Margaritoff, Inside The Still-Unsolved Murder Of 13-Year-Old Aarushi Talwar (2019), https://ift.tt/2LNJaE1

[12] Raj Sekhar, Sunanda Pushkar was murdered: Delhi Police (2015), The Times Of India.

[14] Republic TV can report on Tharoor, can’t compel him to speak on Pushkar death: HC, (2017), The News Minute.

[15] Manu Sebastian, Times Now’s Parallel Trial In Tejpal Case Blatantly Interfered With Justice (2018), The Wire.

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