Illegal custody: Talwars can seek compensation

Parents and family members of Aarushi Talwar and the Talwars’ domestic help Hemraj and three other helps, who were made scapegoats by CBI and Uttar Pradesh Police, can seek monetary compensation for illegal custody.

“All these people should be awarded penal damages for irreparable loss to dignity in society. Unless huge penal damages are awarded by courts for malicious prosecution, things will not improve in our criminal justice system,” noted lawyer KTS Tulsi said.

He was reacting to the shocking disclosure by CBI on Wednesday that it had failed in the investigation of murders of Aarushi and Hemraj.

Tulsi also said investigating agencies should stop revealing names of suspects and victims in the absence of evidence.
Dentist Rajesh Talwar’s compounder Krishna was the first to be arrested by CBI in June 2008 in connection with the murders, followed by Raj Kumar, servant of the Talwars’ doctor-friend Anita Durani, and Vijay Mandal, domestic help of the Talwars’ neighbour Captain Tandon.

Expressing disgust and shock at CBI’s conduct, advocate Kamini Jaiswal said the victims of police/CBI excesses could seek exemplary monetary compensation from the state as they were kept in “illegal custody” without evidence of their involvement in the crimes. “CBI should have seen this before arresting these people.

They should get some relief for violation of rights,” she said.
Explaining the compensation law, criminal lawyer Ramesh Gupta said, “It is a clear case where article 21 was violated. They [Talwars and family members of Hemraj and other helps] should be compensated for it. Though they can file defamation cases, it will not serve any purpose as the case will linger on for 10 years.”

The arguments put forth by the legal luminaries got massive strength from a judgment by the Delhi HC on March 25, awarding Rs5.32 lakh to a victim of torture who had to languish in jail for two-and-half-years because of a fabricated charge of raping a minor.