New Delhi, Feb. 9: A special court has ordered the prosecution of Rajesh and Nupur Talwar for the murder of their daughter Aarushi and a domestic help, basing the decision on circumstantial evidence and making the mother an accused for the first time since investigations began.

The decision to slap the double-murder charge on the parents is the most dramatic yet in a case that has transfixed the country and seen an endless string of twists and turns.

Late tonight, Rajesh told a TV channel: “I don’t think I should have been born in India. There is no system. Innocent people are put behind the bars.”

He added: “I want the country and the media to wake up. This is not fair. Somebody should help us.”

Aarushi, 15, was found dead in her Noida home on the intervening night of May 15 and 16, 2008. The next day, the Talwars’ domestic help Hemraj, who was the first suspect, was found murdered on the terrace.

The CBI had filed a report seeking closure of the case, casting aspersions on Rajesh but adding that no material evidence could be found.

However, Judge Preeti Singh today directed the CBI to convert the closure report into a chargesheet in which the parents should be named the accused. They will be charged with the murders as well as destruction of evidence.

The CBI’s closure report had mentioned Rajesh as the only suspect but said a chargesheet couldn’t be filed in the absence of clinching evidence and because the murder motive was unclear.

The dentist couple have been asked to appear in court on February 28. Rajesh’s protest petition against the CBI report and his demand for a fresh probe was rejected, too.

“The court said the circumstantial evidence mentioned in the report is enough to start the trial. They have been charged with murder, destruction of evidence and conspiracy and common intention to commit the crime,” said R.K. Saini, the CBI’s counsel. A CBI officer indicated the couple would be called for questioning soon.

Noida police had arrested Rajesh in 2008, suspecting honour killings, but he was released on bail. Nupur was never labelled a suspect.

A defence lawyer suggested that the CBI’s failure to establish individual roles in the alleged commission of the crime would be a factor he would pursue.

One of the Talwars’ lawyers, Rebecca John, said the order would be challenged and pointed a finger at the media. “We are taken aback. The media is to be blamed for creating such an atmosphere.”