Supreme Court dismisses Talwars plea in Aarushi murder case

Supreme Court dismisses Talwars plea in Aarushi murder case

By: || Updated: 01 Jan 1970 12:00 AM


New
Delhi:
The Supreme Court on Friday dismissed Rajesh and Nupur Talwar's
plea that the trial in their daughter Aarushi Talwar's murder be
transferred from the special Central Bureau of Investigation (CBI) court
in Ghaziabad to New Delhi.




An apex bench of justices BS Chauhan and EJS Khehar said the reason of
inconvenience raised by the dentist couple for seeking the transfer of the
trial from Ghaziabad to Delhi was not a valid ground.




The order pronounced by Justice Khehar said that the security available to
the Talwar couple was adequate.




The court directed the trial court judge to ensure that only the parties
in the case and their counsel would be present during the hearing of the
case.




The dentist couple had moved the apex court seeking the transfer of trial
on the grounds of their personal security, and that a large number of
witnesses in the case resided in Delhi.




Aarushi, 14, was found brutally murdered in the Talwars' Noida residence
on May 16, 2008. The body of their domestic help Hemraj was found the next
day from the terrace of the house.




The judgement was delivered by a bench of justices BS Chauhan and JS
Khehar which had on February 27 reserved its order on the couple's plea.




Pleading to shift the trial to Delhi, the couple had submitted it has been
a traumatic experience for them to go to Ghaziabad to face the trial and
that they also face security threat there.




They had submitted it would be better to hold the trial in the national
capital as it would not only be convenient for them but also for the
witnesses and the prosecuting agency CBI.




CBI had, however, opposed the plea, saying there has been an attempt by
the couple to delay the trial and has assured the court that proper
security arrangement would be made for them in Ghaziabad.




It had said 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 Criminal Procedure Code (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 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 chargesheet 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 the Talwars' servant, Hemraj, was found 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 handed over to CBI on May 29, 2008, and Rajesh Talwar was
granted bail by the Ghaziabad court on July 11, 2008.




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.




- with PTI inputs





Also read: Aarushi's
parents to face trial for murder
| Timeline
of Aarushi Talwar murder case





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