The South Asian Times

17 January 2018 16:48 PM

Supreme Court Reserves Verdict On Nupur Talwar's Plea

New Delhi : The Supreme Court Wednesday reserved its verdict on Nupur Talwar's petition seeking review of its Jan 6 order directing her and her dentist husband Rajesh Talwar to stand trial for the 2008 murders of their daughter Aarushi Talwar and domestic help Hemraj.

The apex court bench of Justice A.K. Patnaik and Justice J.S. Khehar reserved the verdict on the conclusion of arguments by senior counsel Pinaki Misra, appearing for Nupur Talwar.

Misra sought re-assessment of the material already available with the prosecution in the case.

The senior counsel told the court that "we are only praying for the reinvestigation of the case and re-appreciation of the available evidence".

Misra assailed a Ghaziabad magistrate court's order that rejected the closure report filed earlier by the Central Bureau of Investigation (CBI) in the double murder and took cognizance of the offence against the Talwars.

The CBI filed its closure report in December 2010 before the magistrate's court in Ghaziabad.

The Talwars are facing charges of murder, conspiracy and destruction of evidence.

"The magistrate failed to consider important pieces of evidence which were of direct and clinching evidentiary value" and this "suffers from grave and apparent error, as she has not considered evidence that conclusively proves the involvement of persons other than the (Aarushi's) parents", Misra told the apex court.

The court was told that the presence of Hemraj's blood on the pillow of Krishna - another employee of the Talwars - and its confirmation after DNA profiling was the "only direct and clinching evidence" which pointed to Krishna's involvement in the double murder.

Misra told the court that Krishna's pillow could even now be sent for another forensic examination to get to the bottom of the truth.

The senior counsel told the apex court that the recovery of blood-stained whisky bottle with finger prints too could have been the ground for the magistrate for ordering further investigation.

Appearing for the investigating agency, senior counsel Siddharth Luthra told the court that the review petition sought a relook at the magistrate court's order, which could not be done.

He told the apex court that each of the reasons advanced by the magistrate in rejecting the closure report by the CBI and taking cognizance of the offence against the dentist couple and parents of Aarushi was backed by documents and statements by witnesses.

"In the review petition they have said nothing against the apex court order of Jan 6 but are challenging the magistrate's order taking cognizance and the rejection of the protest petition" by Rajesh Talwar seeking further investigation in the case, Luthra said.

The CBI told the court that the magistrate order rejecting the protest petition had attained finality as Rajesh Talwar did not move the Allahabad High Court against it. He said that it was Nupur Talwar who moved the high court.

The court said that it would pronounce the order as early as possible.

Aarushi, 14, was found murdered at her parents' Noida residence May 16, 2008. The body of her family's domestic help Hemraj was found the next day on the terrace of the house.

 

Update: 16 May, 2012

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