Talwars’ counsel objects to CBI inserting fresh case documents

The CBI application asked for a list of 10 documents to be produced before court,which were not part of the annexures submitted earlier to either the court or the defence counsel.

The main objection was to the CBI’s rejoinder to a letter from officials of the Hyderabad-based Centre for DNA Fingerprinting and Diagnostics (CDFD),which says Hemraj’s blood was found from Krishna’s room. Krishna was a compounder at Rajesh Talwar’s clinic. The latest CBI application says it was a typographical error and “no DNA was found from Krishna’s room”.

The Talwars’ counsel asked why these documents were not submitted to the court or to the defence earlier,if they wanted them to be included in court proceedings.

“The CBI has simply listed the documents requested to be produced,without giving any detail of the contents which would enable the court or the accused to examine the relevancy of the documents and examine them from the angle of mischief from the CBI,” the counsel said.

“The CBI has specifically asserted that they have already filed copies of some relevant pages of documents which are already on record. It is very strange that the reasons behind this selective and partial filing of the documents have not been explained during the course of arguments. This attitude is a serious matter and amounts to playing fraud upon the court,” the counsel said.

Senior public prosecutor R K Saini,representing the CBI,said documents could be produced before the court even when the trial is on.

“A Supreme Court ruling says that documents can be produced in court even if they are not done during filing of a report or chargesheet. Since 173 CRPC (closure report) has been filed,it is up to the prosecutor to see all the relevant documents are produced in the trial court. At a later stage,CDFD witnesses will be produced so the letter should be placed on record,” Saini told the court of Additional Sessions Judge Shyam Lal.

The court reserved its judgment on the application,but directed the CBI to “place documents for its perusal to see the relevancy of their contents”. The next hearing is on September 29.