SOUTH ASIA
Talwars Vow To Nail Aarushi Killers
New Delhi: The Supreme Court Thursday ruled that Rajesh and Nupur Talwar would have to face trial in the twin murders of their daughter Aarushi and domestic help Hemraj, prompting the “deeply disappointed” dentist couple to vow that they would nail the killers and that justice would one day prevail.
As the Supreme Court bench of Justices A.K. Patnaik and J.S. Khehar rejected Nupur Talwar’s petition seeking review of the earlier order that she and her husband be tried for the 2008 murders and also turned down the plea for further investigation in the case, legal experts said proving innocence in court was now their only option.
While Nupur Talwar is at the Dasna jail in Ghaziabad, Rajesh Talwar is out on bail.
The court cautioned Nupur Talwar to desist from wasting the time of the court by challenging every order of the lower court right up to apex court. The court said that failure to do so would invite exemplary costs. “As of now, I would only seriously caution the petitioner from such behaviour in future. After all, frivolous litigation takes up a large chunk of precious court time,” Justice Khehar said.
The Talwars had challenged the Feb 9, 2011 order of a Ghaziabad magistrate rejecting the closure report filed by the Central Bureau of Investigation (CBI) in the case and taking cognizance against the dentist couple for the double murder.
With all avenues except a trial closed, the Talwars said in an emotive statement soon after the setback in the apex court that they were “deeply disappointed” with the rejection of their review plea but accepted the order with humility. “We will defend our honour and that of our only child, Aarushi, vigorously in court and we will not rest till all our innocence is proved, our honour vindicated and the real killers are apprehended and brought to trial,” the couple said, adding, “We are deeply disappointed at the dismissal of our review petition by the Supreme court, but we accept it with humility. We believe justice will one day prevail.”
Eminent criminal lawyer Majid Memon said the way forward for the Talwars was to stand trial and give evidence of their innocence.
Memon said that the review petition filed by the Talwars had no meaning. The Supreme Court should not have interfered in the matter, as the Ghaziabad trial court was already hearing the matter, he added. “The Supreme Court or the high court is not expected to interfere in the matter which is already being heard by the trial court. Now, the Talwar couple has to face trial and ensure that they are innocent.” Memon said.
Advocate S.P.M. Tripathi added: “If they want to prove their innocence, they must face trial. Since charge has been framed and it has been accepted by the Supreme Court so they have to follow today’s order.”
Lawyer Ehtesham Hashmi, who has closely followed the case, told IANS: “If they want to come clean, they must face trial, lead evidence in defence and prove their innocence.”
Aarushi, 14, was found murdered at her parents’ Noida residence May 16, 2008. The body of Hemraj was found the next day on the terrace of the house. Aarushi’s parents maintain that they are innocent and are being framed by the Central Bureau of Investigation (CBI) that has been unable to track the real killers.
A CBI court has charged the Talwars under sections 302/34 (murder with common intention) and 201 (destruction of evidence with common intention) of the Indian Penal Code (IPC).
In addition to these, the court charged Rajesh Talwar under section 203 (giving false information respecting an offence committed) of IPC.
SOUTH ASIA
Pakistani Anti-graft body wants travel ban on Nawaz Sharif, kin
Pakistan’s anti-corruption watchdog has asked authorities to place ousted premier Nawaz Sharif, his daughter and son-in-law on the Exit Control List to prevent them from leaving the country.
The National Accountability Bureau (NAB) sent a formal request to the ministry of interior. The interior ministry officials confirmed that the NAB wrote that names of Sharif, his daughter Maryam Nawaz and son-in-law Capt (retd) Muhammad Safdar should be put on the Exit Control List (ECL), which listed individuals not allowed to leave Pakistan.
The NAB argued that as the trial of the three nears its conclusion, it is feared that they would leave the country.
Earlier, a similar request to place name of finance minister Ishaq Dar on ECL was not accepted, allowing him to go to London and never return.
Sharif, 68, and his family this week filed an application with the accountability court seeking a fortnight’s exemption from personal appearance from February 19 onwards to let them go to London to see Sharif’s ailing wife. Three cases were filed against Sharif and his family last year, including Avenfield properties, Azizia & Hill Metal Establishment, and Flagship Investments.
Maryam and Safdar are accused only in Avenfield properties case. The NAB had filed two supplementary references against Sharif, his sons Hasan and Hussain regarding Al-Azizia Steel Mills & Hill Metal Establishment and Flagship Investment cases.
SOUTH ASIA
Pakistan “breaches obligations’ on nuclear arms reduction, UN court told
The Hague: Pakistan is violating its “obligations” to the international community by failing to reduce its nuclear arsenal, the Marshall Islands told the UN’s highest court on Tuesday.
The small Pacific Island nation is this week launching three unusual cases against India, Pakistan and Britain before the International Court of Justice.
Majuro wants to put a new spotlight on the global nuclear threat, its lawyers said yesterday, by using its own experience with massive US-led nuclear tests in the 1940s and 1950s.
“Pakistan is in breach of its obligations owed to the international community as a whole,” when it comes to reducing its nuclear stockpile, said Nicholas Grief, one of the island nation’s lawyers.
DeBrum warned that even a “limited nuclear war” involving the two countries would “threaten the existence” of his island nation people.
Pakistan and India have fought three wars since independence from Britain in 1947, two of them over the disputed Himalayan territory of Kashmir.
In 1998, the rival neighbours both demonstrated nuclear weapons capability.
The ICJ’s judges are holding hearings for the next week and a half to decide whether it is competent to hear the lawsuits brought against India and Pakistan — neither of which have signed the 1968 nuclear Non-Proliferation Treaty (NPT).
A third hearing against Britain — which has signed the NPT — scheduled to start on Wednesday will be devoted to “preliminary objections” raised by London.
The Marshalls initially sought to bring a case against nine countries it said possessed nuclear arms: Britain, China, France, India, Israel, North Korea, Pakistan, Russia and the United States.
Israel has never admitted to having nuclear weapons.
But the Hague-based ICJ, set up in 1945 to rule in disputes between states, has only admitted three cases against Britain, India and Pakistan, because they have accepted the ICJ’s compulsory jurisdiction.
Pakistan’s lawyers did not attend Tuesday’s hearings.
It did however file a counter-claim against Majuro’s allegations saying “the court has no jurisdiction to deal with the application” and insisting that the case is “not admissible”, said ICJ President Ronny Abraham.
SOUTH ASIA
Bangladesh to drop Islam as official religion following attacks on Hindus
New Delhi: Bangladesh is likely to drop Islam as its official religion following a series of attacks on people from other faiths in the country. The country’s Supreme Court is hearing a plea challenging the status of the official religion of the country to Islam.
Bangladesh, which was declared a secular country after its formation in 1971, was declared an Islamic country following a constitutional amendment in 1988.
According to a report in the Daily Mail, the plea has challenged the declaration of Islam as the national religion of the country.
The move is being supported by leaders from the minority communities like Hindus, Christians and Muslim minority Shiites.
Bangladesh has 90 per cent of Muslims, 8 per cent Hindus and remaining constitutes Christians and Muslim minority Shiites.
In last month, a Hindu priest was hacked to death following an attack on a temple in Panchgarh district. Two others were seriously injured in the attack. There have been several lethal attacks on writers and bloggers.
According to a report in the Independent, Islamist groups Jumatul Mujahedeen Bangladesh and Ansarullah Bangla Team are believed to have carried out at least seven attacks on foreign and minority people in Bangladesh in the past year.
