HC reserves order on Aarushi`s parents` petition till March 18

Last Updated: Tuesday, March 8, 2011 - 19:16

Allahabad: The Allahabad High Court on Tuesday
reserved its judgement till March 18th on a petition filed by
Aarushi Talwar`s parents who challenged a special CBI court`s
decision to initiate criminal proceedings against them in the
murder of their teenaged daughter besides a domestic help.

Justice Bala Krishna Narayana reserved his judgement
after hearing arguments from both the petitioners as well as
the respondents.

Noida-based dentist couple Rajesh and Nupur Talwar had
moved the high court on February 21 with the prayer to set
aside the February 9 order passed by special CBI court at
Ghaziabad, wherein they had been accused of involvement in the
murder of their daughter Aarushi and domestic help Hemraj
besides criminal conspiracy and destruction of evidence.

The Talwars, who were represented by senior advocate
Gopal Chaturvedi, had contended that the court had passed its
order holding that there was "enough evidence" to initiate
proceedings against them though the CBI had, in its closure
report, named neither of them as suspects.

The couple had also alleged that a number of facts,
that had come up during investigation in the three-year-old
double-murder case were "overlooked" by the trial court.
Besides, the petitioners had questioned the summons
issued to the girl`s mother Nupur on the ground that she was
not named as an accused either in the FIR or in the charge
sheet and at no stage of investigation was she taken into
custody for interrogation.

In its arguments, the CBI had held that the special
court at Ghaziabad was well within its rights to initiate
proceedings if it found there was sufficient evidence.
Moreover, the probe agency had also rebutted the
preliminary objection filed by the petitioners who said that
the CBI being an investigating agency had no power to oppose
the position.

"The CBI is arguing the case only to assist the
court," the probe agency`s counsel Nazrul Islam Jafri and
Anurag Khanna had argued besides pointing out that the dentist
couple could not give a satisfactory account of what happened
on the night of May 15-16, 2008, when Aarushi was murdered.
The CBI counsel also claimed that the couple had

failed to identify the body of Hemraj, which was recovered
from the terrace of their house a day later.

Government advocate DR Chaudhary, who appeared on
behalf of the Uttar Pradesh government, had debunked the
Talwars` argument that since CBI`s closure report had not
named them as suspects they could not be subjected to trial
saying "an investigating agency was not bound by the opinions
expressed by the investigating officer in the closure report".
The CBI court had on March 1 rejected the Talwar`s
plea for exemption from personal appearance, issued bailable
warrants against them and fixed March 22 as the next date of
hearing in the case.

PTI



First Published: Tuesday, March 8, 2011 - 19:16

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