Aarushi case: Talwars move Allahabad HC against indictment

The Special CBI Court had directed the probe agency to charge the Talwars for the murder of Aarushi.

Zeenews Bureau

Ghaziabad: In a latest development in the Aarushi murder case, Dr Rajesh Talwar and his wife Nupur on Monday filed a petition in Allahabad High Court challenging the Special CBI Court order that they be tried for the sensational murder of their teenage daughter and family’s domestic help Hemraj.

The Special CBI Court had on February 09 directed the CBI to charge the Talwars for the sensational murder of Aarushi and Hemraj on the basis of the circumstantial evidence which pointed to the involvement of the victim’s parents in her cold-blooded murder.

The CBI had wanted to close the case and filed a closure report on December 29 last year, in which it had claimed – which it reiterated later during court hearings - that Dr Rajesh Talwar was the only suspect in the murder mystery, but a chargesheet was not being filed against him as there was no admissible evidence to prove his involvement.

After taking cognizance of the CBI’s closure report, the Special CBI Magistrate Preeti Singh directed the probe agency to file a chargesheet against the doctor couple before February 28 under multiple Sections of the Indian Penal Code - 302 (murder), 120(B) (criminal conspiracy), 201 (destruction of evidence) and 34 (criminal act done by several persons in furtherance of common intention of all).

Following the order, a fresh trial is set to begin against the couple on or before February 28 – the day y which the CBI has been asked to file the chargesheet. Summons have been issued to the couple, asking them to be present in the court on that day.

Reacting to the development, Rebecca John, the lawyer for the Talwars, had then claimed that they will approach a superior court for striking down this order.
“The Talwars are shocked after the verdict. We will challenge the order and go to a higher court. We were surprised by the CBI (Central Bureau of Investigation) closure report as it is full of gaping holes," she said.

"We are definitely taken aback by the order. Nothing can justify the summoning of Rajesh Talwar (for the next hearing on February 28) but having done it, we will go to a higher court challenging the order," she added.

"There is rule of law in the country. We propose to challenge the order in a superior court. This is not a final order. This is open to challenge. Our remedies are open," she said.
She also alleged that the CBI had concealed the outcome of the investigation done by its previous team.

Raising a question on the investigative agency, John said, "This was the present team which is saying it. The CBI about a year-and-a-half back said a completely different thing.”

14-year-old Aarushi was found murdered with her throat slit in her parents` home at Jalvayu Vihar in Noida on May 16, 2008. The family`s domestic help Hemraj was found killed on the terrace of the flat the following day.