arushi again

tehelka is at it again. they repeat that the
talwars are innocent in the arushi murder case.

they point out inconsistencies in the prosecution
case. no doubt there are many. had the court
accepted the closure report filed earlier by  cbi 
and acquitted the talwars on the ground that the
evidence is not conclusive, it could well have
served the purpose of justice. the possible flaw
in such a judgement could have been that the talwars
who might have been the killers go scotfree. given
the fact they  lost their only child , for
whatever reasons, this acquittal could have been
considered a divine relief or a small human error.
either way indian judiciary would not have lost
anything substantial.

but it didnt happen that way. on court's insistence
cbi had to go ahead with the investigation. they had
tried in the normal way  and failed. it is quite
natural that they went to abnormal extent in this second
attempt. the inconsistencies in the prosecution case
are probably on account of this extra pressure to come
up with a solution. in this context it is also natural
that the court chose to ignore these inconsistencies.

it is true that the prosecution failed to explain many
things. but it is more pertinent that the alternate story
put forth by the talwars has much bigger holes.holes so big
that any story will easily fall thru. it is definitely not
possible to punish anyone based on this alternate story.

on balance it is probably the talwars who did it. but
in the freak chance that they didnt, the punishment that
they are given will get branded as the unkindest ever
mscarriage of justice. and the stain will remain for
a very long time to come.

the courts may still have a humanitarian way out. set free the
talwars on the grounds of inconclusive evidence,for records,
and for the real reason, to avoid a possible error
of judgment which could lead to inhuman  suffering.