The Allahabad High Court on Monday suspended its earlier order that gave relief to Nupur Talwar,mother of slain Noida teenager Arushi Talwar,in connection with the trial that she is supposed to face,along with husband Rajesh Talwar,for the 2008 murder of their daughter and domestic help Hemraj.
The High Court also issued notice to Nupur asking why criminal proceedings should not be initiated against her for giving false information to the court.
A single-judge bench of Justice Balakrishna Narayana passed the order following two CBI applications in which it was alleged that Nupur had got relief from the High Court by furnishing a false affidavit.
In its order on March 13,the High Court had asked Nupur to surrender before the special CBI court in Ghaziabad,while directing the lower court to hear her bail plea expeditiously. Nupur had sought simultaneous hearing of her bail plea as soon as she surrendered before the court. She was supposed to have surrendered within 30 days.
As things stand now,Nupur will have to surrender by April 13 before the trial court.
CBI counsel Anurag Khanna said that the agencys first application dealt with a prayer to the High Court for recall of its March 13 order because it was obtained by Nupur on the basis of a false affidavit. In her affidavit,she had told the court that this was for the first time that she was making such a plea before the High Court and had not been provided any relief of this sort earlier. However,we found out that in 2011 too,she had obtained similar relief, Khanna said.
The second application sought initiation of criminal proceedings against Nupur for giving false information before the court. Under Section 340 of the Code of Criminal Procedure,there is a provision for initiation of criminal proceedings against a person furnishing false information before a court to seek any relief. The court has issued notice to Nupur in this regard too, Khanna said.
Arushi,daughter of the dentist couple,was found murdered in her house in Noida on May 16,2008. A day later,the body of the households domestic help,Hemraj,was found on the terrace of the house. The CBI,initially,named three domestic helps as accused. However,it could not find any evidence against them. The agency then filed a closure report in December 2010,which was not accepted by a court in Ghaziabad which asked the couple to stand trial.