New Delhi: In a major setback to Nupur Talwar, accused in the 2008 double murder of her teenage daughter Aarushi and domestic help Hemraj, the Supreme Court on Friday directed her to surrender before the Ghaziabad special court on Monday.
A bench of apex court justices AK Patnaik and JS Khehar directed Nupur to surrender on Monday (April 30) before the trial court, which was asked to consider her bail plea expeditiously.
"We are not inclined to stay the operation of the order of NBW issued by the Special Judge, Ghaziabad. But we direct that petitioner (Nupur Talwar) will appear on Monday and move her bail.
"In case application for bail is moved, the same shall be considered expeditiously," the bench said.
Senior counsel Mukul Rohatgi pleaded to the apex court to grant her bail or consider her bail plea immediately as she apprehended arrest after surrendering before the trial court.
The bench, however, was not impressed with the argument and said the petitioner ought to follow the formalities.
The bench pointed out that even her husband was granted bail by the trial court.
"If you don`t get it (bail), you can approach the higher forums," the bench remarked.
Today’s hearing comes after the Central Bureau of Investigation (CBI) told the Supreme Court on Wednesday that Nupur Talwar is “misusing the law”.
The CBI accused Nupur of adopting a “delaying tactics” by filing petitions in various courts and urged the apex court to dismiss her review petitions.
The allegation by the CBI was made in a response filed on Nupur`s petition seeking review of apex court order allowing her prosecution in the case.
The investigating agency, which had assured the court not to arrest her during the pendency of her plea, submitted that the apex court should not entertain it as it is for the trial court to appreciate the evidences against her and pass appropriate order.
The non-bailable warrant was issued against her by the Ghaziabad court for not appearing for a hearing in the 2008 Aarushi-Hemraj double murder case.
In a bid to evade her arrest, Nupur had moved the Supreme Court challenging the non-bailable warrant issued against her by a Ghaziabad trial court.