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Tuesday, July 17, 2018

Arushi murder: Supreme Court gives green signal to try parents

Lower court,Allahabad HC have also ruled the dentist couple stand trial for double murders.

Written by Agencies | New Delhi | Published: January 6, 2012 2:23:18 pm

In a major setback to dentist couple Nupur and Rajesh Talwar,the Supreme Court today cleared the decks for their trial in their daughter Arushi’s murder case.

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A bench of justices A K Ganguly and J S Khehar dismissed the couple’s plea to quash criminal proceedings against them in the sensational 2008 case involving the killing of Talwars’ domestic aide Hemraj and their teenaged daughter in Noida.

The bench said there was nothing wrong in the magistrate’s order taking cognisance against them and putting them on trial. Refusing to interfere with the lower court’s order which had rejected the CBI’s closure report,the bench said the magistrate gave the ruling after applying his mind.

“We dismiss the appeal,” the bench said while clarifying that today’s order would not prejudice the trial against the accused.

14-year-old Arushi,the only daughter of the Talwars,was found dead with her throat slit at the family’s Noida residence on the intervening night of May 15-16,2008 and the body of their domestic help,Hemraj,was found on the terrace the next day.

The investigation in the case was initially carried out by the the Uttar Pradesh police which had arrested Arushi’s father Rajesh Talwar on May 23,2008.

The probe was subsequently handed over to the CBI on May 29,2008 and Rajesh Talwar was granted bail by the Ghaziabad court on July 11,2008.

The CBI after probing the murder for over two-and-half years had filed its closure report in the case in the Ghaziabad Special CBI court,saying it had been unable to find any evidence to prosecute the Talwars.

The Ghaziabad trial court,however,had rejected the CBI closure report,saying there was enough prima facie material in the agency’s report to put the couple on trial for their alleged involvement in the twin murders and had issued summons to them to face trial.

The magistrate took cognisance of the case and summoned Talwars on February 9,2011.

Rajesh and Nupur had subsequently gone to the Allahabad High Court,which had dismissed their pleas to quash the trial court summons and the proceedings initiated against them.

The Talwar couple then approached the apex court which had on March 19 last year stayed the trial against them.

On April 25,the Supreme Court ticked off the CBI for suddenly becoming “active” against the Talwars and said it would “examine on merit” while posting the matter for final hearing.

In November,the Supreme Court deferred the hearing,but have ultimately given the nod for their trial.

Nupur’s counsel sought to recall details of the horrific incident.

The court,however,was not impressed by the arguments and said,“gory details of crime will not help you in the case”.

Opposing Talwars’ plea,the CBI said the apex court should not interfere in the trial court’s order as the conduct of the couple has been suspicious.

The agency noted the couple had refused to give the key to the door leading to the terrace where Hemraj’s body was found.

The bench then asked,“Why did you not give the key ? You should have cooperated in the investigation.”

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