Kaul said he also wanted to name Rajesh's brother, Dr Dinesh Talwar, and Dr Sushil Chaudhary, a friend of Dinesh who had tried to influence the Ghaziabad police by calling up the DCP, in the chargesheet. CBI had finally filed a closure report in Ghaziabad court on December 29, 2010, saying Rajesh Talwar was the main suspect but they did not have enough evidence against him.
Kaul's revelations came while he was being cross-examined by defence counsel Tanveer Ahmad Mir in a Ghaziabad court. He was asked about the agency's decision to file a final report in the case and that the CBI director had the final authority on the matter.
To this, Kaul replied, "It is wrong to say CBI Director takes the final decision in every case. My superiors Neelabh Kishore and Javed Ahmed were of the opinion that a closure report should be filed but my opinion was that we should file a chargesheet against the accused."
Asked by the judge to clarify his statement, Kaul said, "In the case diary, I recommended filing chargesheet against the accused (Dr Rajesh and Nupur Talwar) and Dr Dinesh Talwar and Dr Sushil Chaudhary but my senior officers Neelabh Kishore and Javed Ahmed felt they (CBI) did not have sufficient material to file a chargesheet in this case. So I filed a final report".
CBI sources confirmed that Kaul, who was IO in the special investigation team formed for the Aarushi case, had indeed given his opinion on the file that a chargesheet should be filed against Dr Rajesh Talwar. A case file goes to all seniors in CBI and all officers give their opinion in writing. Kishore and Javed Ahmed had given their opinion in writing that the agency should go ahead with a closure report. Their opinion was backed by CBI director A P Singh at that time, said sources.
"In CBI, every officer has the freedom of giving his views but the final decision is that of the competent authority," said a senior CBI officer.
Tanveer Ahmad Mir told TOI, "This was a special investigation team and his statement clearly proves that Neelabh Kishore and Javed Ahmed considered that there was no triable evidence against my clients but Kaul had this ambiguous perception that a chargesheet should be filed. Seniors' opinion suggests that the parents were framed".
On the defence's allegations that CBI had framed the Talwars, Kaul said in court, "It is wrong to say that accused have not killed Aarushi and Hemraj and that they did not drag Hemraj's body up to the terrace. It is wrong to say that the accused were sleeping in their room that night and they came to know about Aarushi's murder only when they woke up the next morning. It is wrong to say Aarushi and Hemraj were not hit by a golf stick on their heads and that the accused have cooperated in the investigations."