Ghaziabad/Allahabad: Bailable arrest
warrants were on Monday issued against dentist couple Rajesh and
Nupur Talwar in connection with the Aarushi-Hemraj murder case
by a special CBI court in Ghaziabad which rejected their plea
for exemption from personal appearance before the magistrate.
Rajesh and Nupur had been summoned by the court to
appear before it today after Special Judicial Magistrate
Preeti Mishra, on February 9, rejected agency`s closure report
in the double murder case and made them accused on charges of
murder, destruction of evidence and common intention to commit
A supplementary affidavit was also moved by the duo
before the Allahabad High Court in which they claimed that
several facts that had come up during investigations had been
overlooked by the special CBI court.
In their affidavit, the Talwars claimed that a DNA
test conducted on November 6, 2008 had concluded that the
finger marks found on the terrace of their house, on a whiskey
bottle found inside the house and on the pillow of another
domestic servant Krishna, belonged to "the same person and
most certainly a male".
Rajesh, in his plea submitted before the CBI court,
sought exemption from appearing before the court citing
medical reasons while Nupur had cited pendency of a related
matter before the Allahabad High Court.
The couple had challenged before the Allahabad High
Court the summons issued to them by the special CBI court
in Ghaziabad in the double murder of their teenage daughter
and domestic help Hemraj through a writ petition.
The High Court which started hearing the matter on
February 25 has not given any stay against the CBI court
"The CBI court rejected the plea put forth by Rajesh
and Nupur and issued bailable warrants of Rs 20,000 each
against them. The court has now directed them to appear before
it on March 22," counsel for Talwars`, Satish Tamta said.
"The Allahabad High Court heard the plea today but
reserved its decision till tomorrow, " he said.
Rajesh is not medically fit and has been advised bed
rest and he cannot move without help, he said.
The petitioners had pleaded before the High Court that
summons had been issued to them despite the fact that they had
not been named as accused by the investigating agency in its
Aarushi (14) was found murdered inside her Noida
residence near Delhi on the intervening night of May 15-16,
2008, while the body of domestic help Hemraj was found hours
later on the terrace of the house.
Although Rajesh was intensively grilled by the CBI,
which also took him for narco tests and brain-mapping, the
agency did not name him or his wife as accused in its closure
report filed earlier this year.
The Talwars also alleged they were denied access to
Aarushi`s computer, seized by CBI for investigations, despite
an application moved under the Information Technology Act.
The couple submitted that they needed access to the
computer to find out who could have switched on the router,
which was essential for having access to the Internet.
The router was switched on when Aarushi was found
dead inside her room.
Besides, it was submitted on behalf of the Talwars
that there was no evidence against Nupur in the case diary
which could validate the summons issued to her, along with
Rajesh, by the CBI court.
The Talwars` counsel in the High Court, Gopal
Chaturvedi argued that the court could have proceeded against
Nupur only under Section 319 CrPC if in course of trial any
evidence of her complicity in the murder had emerged.
CBI counsel Nazrul Islam Jafri rebutted the Talwars`
submission made last Friday that the agency had "no power to
oppose the petition", saying "the CBI was not a party in the
case and it was arguing the matter only to assist the court".
Responding to the petitioners` earlier submission that
the court had "wrongly" decided to proceed against them
despite the fact that the CBI had not named them as suspects
in its closure report, Jafri said, "If a magistrate is not
satisfied with the conclusions of the investigating agency, he
or she is free to take any decision in this regard."
Jafri also referred to the testimony of Talwars` driver
Umesh Sharma, who had stated that he saw Aarushi along with
her parents at their dining table around 9.30 pm on May 15,
"In her testimony, the Talwars` maid servant Bharati
had said that on the next morning at 6.30 am, she woke up the
couple when Aarushi did not respond to the knocks on her door.
Nupur thereafter opened the door with the help of the key she
was in possession of.
This proves that the murder took place between the
period Umesh went to the house and Bharati came to attend to
her daily chores. The burden of proving what happened in the
mean time, lay on the Talwars," Jafri said.