Calling it an attempt to bypass appropriate legal recourse,the Supreme Court on Monday threw out a petition by Rajesh and Nupur Talwar,who had sought examination of 14 additional witnesses by the CBI in the Aarushi-Hemraj double murder case.
Chastising the Talwars for wasting the courts time,a bench led by Justice B S Chauhan said: Why have you come directly before us? We dont intend to touch such matters. Its wrong procedure to approach the Supreme Court directly.
The bench reminded the couple that their first forum of appeal,against the trial court order that they sought to challenge,was the Allahabad High Court. The trial court had earlier dismissed Talwars plea to direct CBI to record statements of 14 additional witnesses.
While the CBI,in its prerogative as the prosecuting agency,had chosen not to call these witnesses,the couple demanded that they be summoned.
With the dismissal of Talwars petition in the apex court,without any formal stay of the trial court order,the trial court is at liberty to record the statements of Talwars as the main accused.
Meanwhile,the counsel representing the couple filed an application in the Ghaziabad sessions court,asking for recording of their statements to be delayed,as they would file an appeal in Allahabad High Court,as directed by the Supreme Court. Additional Sessions Magistrate Shyam Lal will hear arguments on the application on Tuesday.