Rejecting dentist Nupur Talwars request to stay the non-bailable warrant against her,the Supreme Court on Friday directed her to follow due procedure and appear before the CBI magistrate,Ghaziabad on Monday and apply for bail.
A bench of Justices A K Patnaik and J S Khehar made it clear that it will entertain her case only if she abides by the law. The magistrate had recently issued a non-bailable warrant against Nupur for evading summons in the 2008 murder case of her daughter Arushi and domestic help Hemraj.
The special CBI court had issued the warrant against Nupur for failing to appear before the court in Ghaziabad and directed that she be produced before it. Nupurs husband Rajesh Talwar,who appeared before the court,had requested it to grant her time,but the CBI opposed this. On Friday,Nupur tried to bargain that she would surrender only if she was assured bail: I will appear before the trial court,but I should be protected.
But the bench remained unmoved,only committing to the extent of allowing her to apply for bail on Monday so that the magistrate could decide it expeditiously.
The court was hearing her review plea against a January 2012 SC order,directing her to comply with the magistrates summons and face trial in the murder case. The petition has been posted for further hearing next Friday.
Justice Patnaik was emphatic that Nupur could not continue to evade the magistrates summons by seeking relief from SC. The bench said it would entertain her case only if she surrenders before the trial court on Monday.
Why don’t you surrender before the court (magistrate)? This (review hearing) will take some time. You have to follow the procedure. We will take up the matter,but you must surrender, Justice Patnaik told Nupurs counsel Mukul Rohatgi.
In response,Rohatgi said Nupurs very presence in the court room today signified that she surrenders before the SC and no else. Rohatgi said the bench had the power to consider her bail there and then owing to its all-pervading jurisdiction as the highest court of the land.
Till now the magistrates order (NBW) stands,now you (Nupur) surrender before that court. In case you don’t get bail there,you climb up the ladder of appeal courts. Let us follow procedure here, Justice Patnaik said. Rohatgi said that would be a ’tortuous climb’ for a person whose daughter was murdered and who had already been through a lot. To this,the bench pointed out that even her husband had received bail from the trial court.
Dentist couple Rajesh and Nupur Talwars only daughter,14-year-old Arushi,was found dead at their Noida house on the night of May 15-16,2008. The body of their domestic help Hemraj was found on the terrace the next day.
Nupur had earlier moved both Allahabad High Court and SC but failed to get relief.