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Adhering to a directive of the Supreme Court,the Special CBI (Central Bureau of Investigation) court in Ghaziabad on Saturday adjourned the hearing in the Arushi Talwar murder case till February 29.
The decision to defer the hearing came after the counsel for Rajesh Talwar,father of teenager Arushi Talwar,cited the Supreme Courts request to adjourn the hearing if the petitioner applied for it. Arushi was found murdered at her Noida residence in 2008.
In the court of the CBIs Special Judicial Magistrate (SJM) Preeti Singh,Talwars counsel Satish Tamta filed an application for exempting Rajesh Talwar from making a personal appearance in court on Saturday,and adjournment of the case. Tamta told the court that Talwar has filed a petition in the Supreme Court for transferring the case from Ghaziabad to Delhi.
Rajesh Talwar was attacked on the Ghaziabad court premises and,since then,he has a reasonable fear of being attacked in this court if he appears again. The applicant sustained injuries on the head,face and hands. Keeping the apprehensions of his wife and his own safety in mind,the applicant wants the case transferred to Delhi. The petition is pending before the Supreme Court, Tamta told the judge.
The Supreme Court has further… ordered that in case the applicant/accused applies for adjournment before this court,the same should be accepted. The applicant respectfully submits that his absence is not intentional. The present application is being made bonafide,and in the interests of justice, the application,moved by Tamta in court,stated.
Tamta requested the court to give them two months for the next hearing.
The Supreme Court has asked the CBI to file its report on the transfer petition within two months. The apex court may take some time to decide on the matter. Moreover,we will also get time to analyse the situation, he told the magistrate.
CBI counsel R K Saini,arguing against exempting Rajesh Talwar from personally appearing in court,maintained that the Supreme Court had passed no such directive. The apex court had,on January 6,asked the dentist couple to face trial for the murders of Arushi and Hemraj,their domestic help. There was no reason to hide them in the house like this,and they should have appeared before the court, said Saini.
In her eight-line order,SJM Singh deferred the case to February 29. Rejecting the demand for two months time,the magistrate ordered,As the Supreme court has ordered us to accept the petition of the applicant for adjournment of the case,the hearing is adjourned till February 29.
The Talwars had moved the apex court on Friday,seeking transfer of the case from the Ghaziabad court. The Supreme Court had then issued a notice to the CBI in this regard.
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