The Talwars' counsel moved an application before special judge Shyam Lal requesting for summoning of Kumar as court witness. A separate request for summoning 12 others was also made.
Posted at present as Additional Director General of Police (Law and Order), Kumar, a 1985 batch IPS officer of Uttar Pradesh cadre, had investigated the case from June 2008 to April 2009 and arrested three servants of Talwar and their friends.
A fresh team was instituted which carried out the investigation in the case. Kumar was also repatriated to his parent cadre.
"We have submitted an application before the court asking for testimony of the persons who were listed as witnesses by CBI but were not presented before the court for deposition," defence counsel Manoj Sisodia told PTI.
However, CBI lawyer R K Saini said he will be file a reply to this application countering the move as a court witness. "Let them call him as defence witness," Saini said.
Other persons include inspectors, sub-inspectors of the CBI which were part of the prosecution witness list but were not called for deposition before the court.
Aarushi was found dead with her throat slit in her bedroom on May 16, 2008. The initial suspicion went on Hemraj whose body was later found in the their terrace at Jalvayu Vihar in Noida on the outskirts of Delhi.
The allegations of involvement in the murder have been refuted by the Talwars who have claimed innocence in the case.
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