New Delhi: In a temporary relief to Nupur Talwar, the Central Bureau of Investigation (CBI) assured the Supreme Court on Friday that it would not go ahead with her arrest till her plea against the non-bailable warrant (NBW) is pending in the apex court.
The non-bailable warrant was issued by the special Ghaziabad court for not appearing for a hearing in the 2008 Aarushi-Hemraj double murder case.
The investigating agency also said it knew about her whereabouts but didn’t arrest her as the case was pending in court.
In the meantime, the Supreme Court referred the case to Chief Justice of India SH Kapadia, saying that it had entertained Nupur`s plea yesterday under wrong impression that it was part of her review petition, being heard by it.
The CJI will next week decide on the future course of action and allocate an appropriate bench for the case’s hearing.
While hearing the matter, a bench of Justices AK Patnaik and Swatanter Kumar expressed unhappiness over the CBI`s action against her and said she needs to be protected.
Sensing the mood of the court, Additional Solicitor General Haren Raval, appearing for the investigating agency, assured the court that no coercive action would be taken against Nupur Talwar.
He informed the court that CBI was well aware of her movements but did not arrest her.
The bench after hearing Raval`s contention said, "We have total faith in you" and referred Nupur Talwar`s petition to the Chief Justice of India.
In a desperate bid to evade her arrest in the case related to murders of her daughter Aarushi and domestic aide Hemraj, dentist Nupur Talwar had yesterday moved the Supreme Court challenging the non-bailable warrant issued against her by a Ghaziabad trial court.
The CBI had carried out searches at her premises in Delhi and neighbouring Noida on April 11 following the warrant issued against her, but had not been able to locate her.
Nupur Talwar in her application told the court that neither the Uttar Pradesh Police which had initially investigated the case nor the Central Bureau of Investigation has considered her as an accused. She said it was the magistrate at the trial court who considered her as an accused and issued warrants against her.
Expressing her apprehension that she would be arrested if she appeared before the magistrate`s court, Nupur Talwar said no further investigation was required to be done in the case as the investigating agency has already filed its closure report.
She contended that no benefit would be caused to anyone if fresh investigation is carried out by the magistrate.
Nupur Talwar told the court that her husband Dr Rajesh Talwar was granted bail on July 11, 2008, and that has been maintained by the apex court on January 09, 2012. She said she has a strong prima facie case favouring her innocence.
Nupur Talwar in her application before the apex court also said that "besides being aggrieved mother and a law abiding citizen" she also "enjoys the reputation as one of the best dental surgeons of the country" and, if arrested then "people would not be able to make distinction between arrest at a pre-conviction stage or the post-conviction stage of the present case."
The special CBI court in Ghaziabad, while issuing NBW, had fixed April 18 as the next date of hearing and directed that Nupur be produced before it on that date.
Nupur and Rajesh Talwar`s 14-year-old daughter Aarushi was found dead inside their Noida residence in May 2008 with her throat slit. The body of the Talwars` domestic servant Hemraj, initially a suspect in the case, was recovered from the terrace a day later.