New Delhi: The Supreme Court on Friday sought
CBI`s response on dentist couple Rajesh and Nupur Talwars`
petition challenging a special judge`s orders summoning them
as accused and issuing bailable warrants in the case relating
to the murder of their daughter Aarushi and domestic help
Additional Solicitor General PP Malhotra, appearing
for CBI, assured a bench of justices B Sudershan Reddy and
SS Nijjar that the agency would file its response within a
Upon the assurance, the bench posted the matter for
further hearing to April 25.
Senior counsel Harish Salve, appearing for the couple,
assailed the Special CBI Judge`s order and said it ought to be
14-year-old Aarushi was found murdered at her house in
Noida in May 16, 2008, and Hemraj`s body was recovered the
following day from the terrace.
On March 19, which was a public holiday, the bench had
held an extraordinary sitting at 7 pm and stayed the Special
CBI Judge`s order. At that time, it passed the order without
any notice to CBI.
Hence, when the matter came up today for hearing, the
bench sought a formal response from the agency.
The apex court had at the last hearing, while staying the
proceedings, asked the Talwars to surrender their passports
before the trial court.
The couple challenged in the Supreme Court the order of
the Allahabad High Court which has refused to stay the
proceedings before a special CBI court in Ghaziabad.
The High Court had on March 18 dismissed the Talwar
couple`s plea seeking quashing of the proceedings initiated by
the lower court which not only refused the closure report of
CBI but also summoned them as accused in the case.
The High Court had said it cannot prohibit the
magistrate from taking cognisance of a case if prima facie it
appears that there is sufficient evidence against a person.
Another petition filed by Rajesh Talwar challenging
bailable warrants issued by the Ghaziabad court on February 28
was dismissed by Justice Ravindra Singh of the High Court.
The Talwars have claimed the trial court`s orders were
"erroneous without any basis" and submitted that Nupur, who
was never interrogated by the investigation agency till
date, had been made an accused.
According to the couple, the blood stains recovered
from the pillow covers of Hemraj was in fact traced to the
residence of Krishna, the compounder of the couple.
It was alleged that instead of acting against the
actual accused, CBI had named the couple as suspects on the
basis of which the trial court had summoned them and issued
bailable warrants against them.