Aarushi-Hemraj Murder: Nupur and Rajesh Talwar Fight on From Jail

Ahead of Allahabad High Court’s verdict, The Quint reposts Rajesh & Nupur Talwar interview from inside Dasna Jail

On the night of 15 May 2008, Aarushi Talwar was murdered in her bed. She had sustained injuries from a possibly fatal blow to her forehead. Her throat was slit. 14-year-old Aarushi’s body was found by her parents the next morning. Two days later, the prime suspect, Hemraj Banjade, the Talwars’ domestic help, was found dead on the terrace.

On 12 October, the Allahabad High Court delivered its verdict in the case, acquitting the Talwars of murder charges. This interview was first published on 31 July 2015 and is being republished from The Quint’s archives in light of the verdict.

16 May 2008, changed the lives of the Talwar family forever. Their only daughter, 13-year-old Aarushi was murdered. Two days later their servant, 45-year-old Hermraj, who they believed had killed Aarushi, was also found dead on the terrace. In a house where there were four people, the court ruled that since there was no evidence of outside intrusion, the two dead were killed by the two alive, Rajesh and Nupur Talwar.

From May 2008 till November 2013, the Talwars’ every move, mood, expression and statement was closely watched, dissected and talked about by the entire nation. The Aarushi-Hemraj murder became the most sensational crime to be covered by a 24/7 media.

It has been 18 months since the Talwars started serving their life sentence in the Dasna Jail, on the outskirts of Delhi. Rajesh now runs a fully organised dental clinic inside the jail, where Nupur also works occasionally.

"I would be depressed if I were not working. It helps keep the mind busy and active and keeps me in touch with my practice. There are 150-160 women inmates and I only treat them. It is the only reminder of the life we once had. People in the jail have been very nice to us, we have had no unpleasant experiences. If anything, there is sympathy. There are many stories here of innocent people who have been convicted of crimes they didn’t commit."

Their lifeline is their family, friends and former patients who believe in their innocence. It is the goodwill of these people that continues to fund their legal battle. Senior lawyers like Rebecca John and Harish Salve have worked for the Talwars pro bono.

"Our life is lived meeting to meeting. Every time someone leaves, the mind only thinks about who will come next. We wait. We are living only because of our family and friends. We have no Aarushi, no money, no house, no practice. It is still hard to believe how everything changed overnight."

Public memory is short lived, the outrage even shorter. The majority in the media believes their stand was vindicated the day the Talwars were convicted. Public opinion was and is still largely against them. Though few have scanned the facts. Avirook Sen’s book, ‘Aarushi’ published by Penguin India, has attempted to do that, bringing the sensational murder mystery back into the public realm by questioning the CBI investigation and the conviction of the Talwars on the basis of evidence and due procedure.

"I have not read the book. I don’t have the courage. I don’t need another painful reminder of what happened."

The media played a crucial role in the Aarushi-Hemraj murder, highlighting and recreating every aspect of the crime and ‘revelations’ from the investigation. There were theories and morbid reconstructions of what may have happened in the bedroom of a 14-year-old girl that night, coupled with assumptions and allegations that the Talwars were one big unscrupulous, even ‘immoral’ family.

"We lost the perception battle. The verdict was based not on evidence but on the image that had been created. The police and the media fed the world a salacious story that would sell and people lapped it up. It is easy to sit at home and judge, but those people will never know what a father is going through."

"We were naïve, too trusting of a system that betrayed us. In the initial days, the Noida Police warned against talking to the media. We listened to them. The next day they were giving sound bites that we were the prime suspects in the murder of our own daughter. They even propounded a theory that Aarushi was our adopted daughter. They assassinated the character of my dead daughter who will never live to defend herself. I live now only to defend the dignity of my daughter."

The CBI took over the case from the UP police on 31 May 2008. The findings of the first investigating team of the CBI suggested that the servants, Krishna, Vijay and Rajkumar, were guilty of the crime and arrested them. Rajesh Talwar was granted bail in July 2008 for the lack of evidence. Looking back, the then CBI Director Vijay Shanker in an interview to The Quint said, “Justice has not been delivered in the case”. Once Vijay Shanker retired and Ashwini Kumar took over, he constituted a new investigating team under AGL Kaul and the case turned on its head. Kaul was successful in securing a conviction.

"We had never met Kaul in our lives. But we questioned his ways and he couldn’t take it. He launched a witch-hunt against us. The level of indignation and helplessness is something no one can imagine."

When asked why the CBI would target the couple, Rajesh said that the investigation was so shoddy that they had to cover their tracks. Defense Counsel Tanveer Ahmad Mir in an interview to The Quint said, “There were skirmishes between Kaul and the Talwars, it became personal. So there was a deliberate, vindictive witch-hunt against them.” Dr Vaya, the forensic psychologist from Gujarat who conducted the narco tests, in an interview to The Quint, said, “The Talwars showed no deception in their tests, they are innocent.” She also claimed that she could not have given a ‘definite, conclusive’ clean chit to the servants.

"5 people were subject to narco tests, 2 were declared innocent and 3 showed deception. But the 2 innocent people were convicted of the crime. Is this justice? Had we been guilty, why would we have asked the CBI to reinvestigate the case when the closure report found no evidence against us?"

The dentist couple had challenged the CBI closure report in 2010, asking for the investigation to go on. But this move hurt only them. Ghaziabad magistrate Preeti Singh issued summons to Rajesh and Nupur Talwar to stand trial in February 2012. Instead of being re-investigated, the case went to trial. The CBI produced 39 witnesses and the Talwars were convicted for murder.

"No we don’t regret contesting the closure report. How could we allow them to stop the investigation? We had to fight for justice. This is not about us. It has become about us. This is about Aarushi. It is about justice for Aarushi. With us behind bars, they have managed to silence the campaign for justice. But the truth can’t just disappear from nature."

Last thoughts.

"One day all these people will say sorry to Aarushi"