The Supreme Court on Friday issued notice to CBI on a petition filed by dentist Rajesh Talwar,father of teenager Arushi who was found murdered in their Noida residence in May 2008,for transfer of trial from Ghaziabad to Delhi. Rajesh Talwar and his wife Nupur are scheduled to appear before a CBI court in Ghaziabad on Saturday.
The Supreme Court bench led by Justice B S Chauhan sought the CBIs response on Talwars petition for transfer of the trial to Delhi. Talwar cited previous attacks on him on the court premises and said most witnesses in the case were based in Delhi.
Arushi was found dead on May 16,2008 and the body of their domestic help,Hemraj,was found on the terrace the next day. The CBIs case closure report was rejected by the Ghaziabad judge who decided to take cognisance of the case.
The Talwars approached the Supreme Court after the High Court refused to set aside the trial courts order to continue with the case.
Though the Supreme Court initially stayed the trial proceedings,a bench led by Justice A K Ganguly (now retired) directed the parents to stand trial. The Ghaziabad court had then fixed the case for hearing on Saturday.
When senior advocate Harish Salve sought adjournment of Saturdays hearing,Justice Chauhan said they were at liberty to apply and the trial court could consider the request.
Meanwhile,Satish Tamta,lawyer for the Talwars,said the couple need not appear in the Ghaziabad court on Saturday. I will file an application before the CBI court on Saturday asking it to adjourn proceedings till the Supreme Court takes a call on the petition, Tamta said.
The Allahabad High Court also dismissed a petition by the Talwars seeking direction to the Ghaziabad court to hear their bail plea on the same day when they appear before the court as directed by the Supreme Court.
Justice V K Narayan dismissed the plea as withdrawn after it was pointed out to the court that the Talwars had approached the Supreme Court with a fresh application seeking transfer of their case to Delhi from Ghaziabad.