Almost nine years into the incident, Agarwal’s hopes for justice has waned.
As per a sworn affidavit by investigating officer Jeffrey Tramonte, Deepa, a Finance PhD student at University of Central Florida, was murdered in the early hours of July 11, 1999 at her apartment — 3440 Mission Bay Boulevard, Orlando, Florida. The decomposed body was found nine days later — “sealed” in a cardboard carton inside the bedroom closet, says Tramonte’s document, placed on record before Florida Circuit Court.
The police autopsy report confirmed the cause of death as fracture of cervical spine area from a blow by a blunt instrument. Several knife wounds were reportedly spotted on the body, suggesting a “violent altercation” before death.
The suspicion fell on her “uncle” Kamlesh Babulal Agarwal, then 22 and a Bachelor student of Computer Science in the same university.
A neighbour told investigators that on the fatal night she had heard a woman’s screams from Deepa’s apartments, followed by “thumps” — as if “something was being shoved against the wall”. A next-door resident stated that she, too, had heard screams and seen Kamlesh leave the apartment in the early hours of the next morning.
But by the time investigators zeroed in on Kamlesh, he had reportedly left the US — on July 12 — leaving his studies midway.
Arrest, trial
“The (Florida) police were unable to trace Kamlesh’s whereabouts even a year after the crime,” Agarwal told Newsline. “Deepa’s sister then organised a candlelight vigil outside the White House in Washington DC.”
On July 14, 2000 — three days after the vigil — Mumbai Police, acting on an Interpol alert, arrested Kamlesh from a hotel where he was allegedly staying under the false name of Pankaj Saraf.
A month later, a grand jury in the US charged Kamlesh with “first-degree murder” and ordered that he stand for trial. In September 2000, the State of Florida forwarded an extradition request to India.
In October 2002, an inquiry report by the Additional Chief Metropolitan Magistrate court here recommended Kamlesh’s extradition citing “prima facie” evidence of murder against him.
Case hanging fire
Kamlesh, though, moved the Delhi High Court. “This is not a case of first-degree murder,” his counsel, Aman Lekhi, said. “Detective Tramonte’s investigation is wholly tainted — he did not bother to show the fugitive’s (Kamlesh) photographs to either of the neighbours. This is the basic tenet of a probe, otherwise how do they verify identity of the suspect?” Lekhi said Orlando police have failed to prove motive behind the crime, or even the cause of death. “Kamlesh,” he said, “did not run away — he had told his friend he would be back.”
Outside the merits of the case, Lekhi said “Kamlesh is facing life without parole — which suffers the same infirmity as death penalty. The punishment is cruel, inhuman and against our own Constitution.”
Meanwhile, Central Government counsel S K Dubey said: “There is enough prima facie evidence. It is only a matter of time before the High Court allows it (extradition).”
Agarwal said, “For us, coming to court has become a routine, one hearing after the other. I don’t expect much.”