Aarushi case: SC reserves order on shifting of trial
New Delhi: The Supreme Court on Monday reserved
its verdict on dentist couple Rajesh and Nupur Talwar's plea
for shifting the trial against them in the case of the murder
of their daughter Aarushi from Ghaziabad to Delhi.
A bench of justices BS Chauhan and JS Khehar also asked
the trial court, which is to hear the case on February 29, to
adjourn it for one week.
Pleading to shift the trial to Delhi, the couple has
submitted that it has been a traumatic experience for them to
go to Ghaziabad to face the trial and that they also face
security threat there.
Senior Advocate Mukul Rohatgi, appearing for them, has
submitted that it would be better to hold the trial in the
national capital as it would not only be convenient to them
but also for the witnesses and the prosecuting agency, the
The CBI, however, has opposed the plea, saying that there
has been attempt on the part of the couple to delayy the trial
and has assured the court that proper security arrangement
would be made for them in Ghaziabad.
Additional Solicitor General Haren Raval has said that
there were some hidden motives behind filing of the plea and
that the petition for transfer of the case might have been
filed as section 438 of the Criminal Procedure Code (relating
to anticipatory bail) is not applicable in Uttar Pradesh.
On January 6, the apex 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 bench had refused to interfere with the lower court's
order, saying there was nothing wrong in the magistrate's
order of taking cognisance of the charge sheet summoning them.
14-year-old Aarushi, 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 their
servant, Hemraj, was found the next day on the terrace.
The investigation in the case was initially carried out
by Uttar Pradesh Police which had arrested Rajesh Talwar on
May 23, 2008.
The probe was subsequently handed over to the CBI on May
29, 2008 and Rajesh Talwar was granted bail by the Ghaziabad
court on July 11, 2008.
The agency, after probing the murder for over two-and-a-
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 court had, however, rejected the agency's
closure report, holding that there was enough prima facie
material in the CBI's report to put the couple on trial and
had issued summons to them.
The magistrate had taken cognisance of the case and
summoned the Talwars on February 9, 2011.
The dentist couple had subsequently moved the Allahabad
High Court which had dismissed their plea to quash the court
summons and the proceedings initiated against them.
They had then approached the apex court which had on
March 19, last year stayed the trial against them.