New Delhi: The Supreme Court will on Tuesday hear a plea filed by Dr Rajesh and Nupur Talwar seeking stay of criminal proceedings against them in the Aarushi-Hemraj double murder case.
The Allahabad High Court had earlier allowed the CBI, the investigating agency in the case, to initiate criminal proceedings against the dentist couple.
The CBI had in its report submitted earlier stated that the probe has reached a stage indicating the alleged involvement of the Talwar couple in the double murder.
"Investigation has squarely reached a conclusion that no one other than Rajesh Talwar and Nupur Talwar could have conjointly committed this dastardly crime," the investigating agency said in its affidavit.
The apex court had on April 15 asked the CBI to file a reply in the case. Also, the SC had on March 19 stayed all proceedings against the dentist couple in the CBI trial court in connection with the case.
The apex court, which gave the decision in a rare judgment, had asked the dentist couple to submit their passports to the trial court.
The dentist couple had moved the apex court after the Allahabad HC dismissed their petitions against a summon issued by a CBI court.
The High Court had on March 18 dismissed their plea seeking quashing of the proceedings initiated by the lower court which not only refused the closure report of the CBI, but also summoned them as accused in the case.
A special CBI court in Ghaziabad on February 28 issued bailable warrants against the dentist couple. The court also rejected their plea for exemption from personal appearance before the magistrate.
The court had earlier on February 9, rejected the agency`s closure report in the double murder case and made them accused on charges of murder, destruction of evidence and common intention to commit the crime.
Talwars were charged under Sections 302, 201 and 34 of the Indian Penal Code (IPC).
On February 9, the CBI court had directed the investigating agency to prosecute the Talwars for the murder of 13-year-old Aarushi and Hemraj. They were also accused of criminal conspiracy and destruction of evidence.
The CBI court had given its orders following submission of a closure report by the CBI, which named Aarushi`s father Rajesh Talwar as the prime accused, but said he could not be prosecuted due to lack of evidence.
Aarushi (14) was found murdered under mysterious circumstances in her parents` Jalvayu Vihar apartment in Noida on May 16, 2008. The next day, their domestic help, Hemraj`s body was found on the flat`s terrace.
(With ANI inputs)