SC warns Talwars for insinuations against court

Last Updated: Sunday, March 4, 2012 - 12:55

New Delhi: The Supreme Court has warned
dentist couple Rajesh and Nupur Talwar from indulging in
"irresponsible insinuations" on court proceedings relating to
the sensational murders of their daughter Aarushi and domestic
help Hemraj.

A bench of Justices BS Chauhan and JS Khehar had on
March 2 dismissed the couple`s plea for transfer of the trial
of the murder case to Delhi on grounds of hostile atmosphere,
inconvenience besides attributing bias to the special CBI
judge dealing with the case.

The apex court noted that though the Talwars did not
press their charge of bias against the judge, yet inferences
drawn against the court including the Allahabad High Court was
contemptuous as was alleged by the CBI which had opposed the
transfer plea.

"We have no doubt, that the basis on which the
petitioners (Talwars) are seeking transfer of proceedings are
just speculative and unjustified apprehensions based inter
alia on vague and non-specific allegations.

"We also wish to caution the petitioners, from making any
irresponsible insinuations with reference to court
proceedings," the bench in its order observed.

The Talwars had drawn certain inferences against the CBI
judge after he turned down their plea on February 28, 2011,
for exemption from personal appearance in the case.

"Although we could have initiated action against the
petitioners, yet, in the peculiar facts and circumstances of
this case, we refrain ourselves from doing so.

"However, we consider it just and appropriate to warn the
petitioners from any such impertinence in future," the bench
said.

Aarushi, 14, 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 impertinence of the petitioners in the instant case,
is magnified manifold because the order dated 28.2.2011 was
assailed by the petitioners before the high court of
judicature at Allahabad, but the challenge failed.

"In this view of the matter, the insinuations can also be
stated to have been aimed even at the high court," the bench
said.

The Talwars had inferred that they were not likely to
get justice, as the Ghaziabad court was proceeding with the
matter with a pre-determined mind.

The couple suffered a setback on March 2 when the apex
court rejected their plea to shift the trial to Delhi.

The CBI had, opposed the plea, saying 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 CrPC (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 investigation in the case was initially carried out
by Uttar Pradesh Police which had arrested Rajesh on May 23,
2008. The probe was handed over to CBI on May 29, 2008, and
Rajesh was granted bail by the Ghaziabad court on July 11,
2008.

The 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.

PTI



First Published: Sunday, March 4, 2012 - 12:25

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