India | Updated Jul 14, 2008 at 11:52am IST

A lesson in introspection for cops, media

CNN-IBN

It’s perhaps curtains for the most intriguing whodunit of recent times. With the Central Bureau of Investigation admitting it has no evidence against Dr Rajesh Talwar in the murder of his daughter Arushi and manservant Hemraj, a sordid chapter in the murder most foul has finally drawn to a close.

However, as Talwar walks free, an innocent man, questions are being raised about the manner in which both the police and the media handled – or as some would say, bungled – the case. The Arushi-Hemraj case could easy be called a sorry spectacle of goof-ups and rumour-mongering.

In the first edition of Weekend Edition with Rajdeep Sardesai, CNN-IBN raised questions on the role of these two institutions and debated if the Talwars should sue either or both for defamation.

To discuss the issue on the show were Rajesh Talwar’s brother, Dinesh Talwar; Editor, National News, Star News, Deepak Chaurasia and Former DGP of UP, Prakash Singh.

Dinesh Talwar was the first to respond to the question and said suing the police or the media was not the priority for the Talwars, at least as of now. “We are getting these views from the media itself. Frankly speaking, our primary objective is to let Rajesh settle down and give him a chance to share his grief with the family – something he couldn’t do earlier,” he said.

Asked if the family felt embittered at the manner in which Talwar’s reputation was tarnished, Dinesh said the family was shocked and upset. “In a country that’s marching toward superpowerdom, this could happen. It’s disbelief,” he said.

Talwars: Victims of media madness?

If the Noida police botched up from day one, the media too came under considerable criticism for the manner in which it covered the case. In fact, many readers wrote in on ibnlive.com, expressing their bewilderment at the attitude of a certain section of the Fourth Estate. One of them wondered if it was right for journalists to “behave like Sherlock Holmes” and whether it was their responsibility now to restore the reputation of the Talwars.

However, Deepak Chaurasia would have none of it. Lashing out at the suggestion that media should apologise, Chaurasia said not everyone could be blamed for what a section of the media did. Fiercely defending the press, Chaurasia said it reflected what came from the Noida police and the CBI. “If you say it’s media madness, then we both are mad, Rajdeep. I did not produce the theory that Mr Talwar (sic) had a relationship or what was on between Arushi and Hemraj. Please ask IGP, Meerut Mr Singh how he could go live on national TV making those allegations. You, as a journalist do not sit here and make stories on your laptop. You have someone telling you that,” he said.

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Chaurasia also cited the example of the US where the media has taken a conscious decision to not show dead bodies on television. “If the access to Talwar’s house was easy for 10 days – with not even one constable on duty after the incident – how can Noida police come up with these theories suddenly?” he questioned .

Dinesh Talwar interrupted Chaurasia and said both viewpoints – of media madness and of police apathy – were extreme. However, he blamed the media for overreacting. “You are right. It’s a section of the media that overreacts but at the same time, if you see your footage, it wasn’t one channel. It was majority of channels. We were not even given breathing space, let alone space for privacy,” he said.

Cop out: Who will police the police?

The role of the police in the case has arguably been the most damaging, some would allege. The press conference organised by the Noida police and addressed by IGP, Meerut Gurcharan Singh, kickstarted a frenzy, both in the media and in the drawing rooms of ordinary Indians. Gurcharan Singh emphatically suggested that Arushi and Hemraj were “close friends” and this was objected to by Rajesh Talwar. He also went on to say that the two were found in an “objectionable but not compromising position” and were killed by Rajesh in a fit of rage. There was outrage after these comments were made, with the women rights groups and Minister of Women and Child Welfare demanding an apology.

But what happens to the police officer? Should he not be dismissed from the force? Prakash Singh said the officer who came up with these theories should be sacked. “Police could be sued for defamation but it won’t work. The charge against Noida Police which can be upheld is that of shoddy investigation. Whosoever developed this theory deserves the sack, I have no doubt about it,” he said.

Chaurasia said there was no accountability in the police force because of the leadership. “In Noida, every posting – from the constable to the SSP – is bought. Everyone knows about it. How will they make money if they are made accountable?” he thundered, demanding to know from Prakash Singh if this was wrong.

Prakash Singh said a combination of factors worked in the case, which contributed to Noida police bungling the case. However, Singh defended his statement and said he was not making a case for the officer who came up with the theories. “There was too much of pressure from all quarters. When you are asked to produce results within a week or 10 days, the possibility of blundering is high,” he said.

Question everything but who’ll give the answers?

Just four-five days ago – even before the CBI gave out the details of the murders – several news channels came up with stories with graphic details of how Rajesh and Nupur Talwar were away partying in a hotel on the night of the murders, some of them even alleging a possible complicit role.

Now, questions are being raised about the veracity of those reports as also the accountability on the part of those journalists and editors.

Chaurasia maintained the media was, by and large, responsible. He also said that targeting media was glamourous, fashionable and made for a masala story. “Rajdeep, I would not like to go into the details of every channel but as a whole, the media has played the most responsible role. Media supported Talwars in saying that a CBI inquiry was needed. It was then that Mayawati was pressured into ordering one. It is glamourous for you to say that the media played a negative role,” he said.

If the media hadn’t raised those questions, the case probably wouldn’t have gone to the CBI. There are two sides to the media debate too. Dinesh Talwar acknowledged that fact and said media had played a very important role in the case. “The role of the media is to keep everyone on their toes. But then, your responsibility goes up further. Did you fulfil that responsibility? What is the lakshmanrekha? You have to define that and he (Chaurasia) has to define that,” he asked.

Even as the debate progressed, ibnlive.com was flooded with blogs from across the world. Sougata Banerji from Shanghai made an interesting point. He wrote, “I really appreciate your effort towards introspection. Making a mistake is not a terrible thing, if only we learn from it and make a conscious effort to prevent it from happening again in future. What I saw in this case was absolute lack of patience on the part of media. This is much more than trial by media, this is conviction by media.” [Read all blogs]

But Chaurasia said this viewpoint was extreme. “When you say ‘Justice for Jessica’ campaign was successful, why don’t you call that trial by media?” he questioned.

Talwar responded to that question and pointed out the difference between the two cases. “Isn’t it true that (in the cases like Jessica Lall), the chargesheet was filed and these issues came only at the end after media dissected them? Here within five days of the incident, you decided what the chargesheet will be, whose done it and what the final answer would be,” he said. But Chaurasia maintained it was media that was responsible for the arrests made in both Jessica and Nitish Katara cases.

Corrective measures: Time for atonement? [Read: A trial by media or a trial of media?]

What are the corrective steps the media can take? There have been allegations that Hindi news channels and English tabloids in particular have been the most salacious and sensational. Chaurasia said while he could not speak on the specifics, the journalists fabricating stories should be made accountable. “You are picking up a section of the media. Everyone of us is guilty. We need to draw of lakshmanrekha. We have to self-regulate,” he said.

But what about the police? What should be their corrective measures? Prakash Singh said self regulation would not work for the police. He also said it was not for the police to do anything, it was the responsibility of the state government to wake up. “I have seen a succession of good policemen meeting their Waterloo here. Noida requires policing on the pattern of Delhi. You need to have a commissionerette system. UP is the most laggard state in the implementation of police reforms,” he said. Prakash said law and order and investigation should be separated.

The final word

Dinesh Talwar got to have the final word on the show and perhaps the most defining one. An emotional Talwar said it was important for all pillars of democracy to function in sync to avoid these things from happening. “We have been caught in a maelstrom which we never imagined. The suffering that all of us – and specifically Rajesh – has gone through is immense. Everyone must realise that you never know when this could happen to you. I hope it never happens to anyone but unless we put our house in order – that involves all pillars of democracy – we will not be able to prevent such things from happening. As a family, the CBI investigations should get completed. They have made a lot of effort. For us, this tragedy is not over. We have to start picking up the pieces and start life again,” he concluded.

CNN-IBN Editorial

The Arushi Talwar case is a wake-up call for the investigating agencies and the media. Both the police and the media have suffered a massive loss of credibility. Investigative agencies cannot be so callous with the truth, neither can the media be so economical with it. Just as the police's primary role has to be to ensure public confidence in law and order, the media's principal responsibility must be to inform public opinion. And while it is unfair to tarnish the entire police force with laxity, or all journalists with the same brush of sensationalism, we need to realise that both media and police must take pride in doing their job professionally and seriously, without recourse to unnecessary drama.

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