Aarushi Case: SC rejects Talwars plea for trial transfer
CBI had opposed the plea by Talwars, saying there has been an attempt by the couple to delay the trial.
New Delhi: The Supreme Court, Friday, rejected a plea by dentist couple Rajesh and Nupur Talwar for shifting of trial against them in the case of murder of their daughter Aarushi from Ghaziabad to Delhi.
A bench of justices BS Chauhan and JS Khehar rejected their contention that they want the trial to be transferred as they are experiencing personal inconvenience in attending to the court in Ghaziabad by asserting that it is not a valid ground to seek relief.
Talwar couples other contention that they face security threat in Ghaziabad was also rejected by the court. The court said that it believes that adequate security has been provided to them.
Importantly, the court also directed that the only the parties in the case and their counsels be allowed inside the court room during the trial.
CBI had opposed the plea by Talwars, saying there has been an attempt by the couple to delay the trial and has assured the court that proper security arrangement would be made for them in Ghaziabad.
It had said there were some hidden motives behind the filing of the plea and that the petition for transfer of the trial of the case might have been filed as section 438 of the Criminal Procedure Code (relating to anticipatory bail) is not applicable in Uttar Pradesh.
On January 6, the court had cleared the decks for the couple’s trial in the murder case by dismissing their plea to quash criminal proceedings against them.
The bench had refused to interfere with the lower court’s order, saying there was nothing wrong in the magistrate’s order of taking cognisance of the chargesheet summoning them.
14-year-old Aarushi, the only daughter of the Talwars, was found dead at the family`s Noida residence on the intervening night of May 15-16, 2008.
The body of the Talwars` servant, Hemraj, was found next day on the terrace.
The investigation in the case was initially carried out by Uttar Pradesh police which had arrested Rajesh Talwar on May 23, 2008.
The probe was handed over to CBI on May 29, 2008, and Rajesh Talwar was granted bail by the Ghaziabad court on July 11, 2008.
CBI, after probing the murder for over two and half years, had filed its closure report in the case in the Ghaziabad Special CBI court saying it had been unable to find evidence to prosecute the Talwars.
The Ghaziabad trial court had, however, rejected the agency`s closure report saying there was enough prima facie material in CBI`s report to put the couple on trial and had issued summons to them.