The CBI Thursday told the Supreme Court that discrepancies in the charge sheet could not be a ground for the recall of a magistrate’s decision to take cognizance against the dentist couple Rajesh and Nupur Talwar in the 2008 Aarushi Talwar-Hemraj double murder.
The probe agency said the magistrate’s decision to reject its closure report in the case could also not be questioned for the same reason.
The apex court was hearing a petition by Aarushi’s mother Nupur Talwar seeking the review of the apex court verdict of Jan 6 asking the dentist couple to face trial.
The Central Bureau of Investigation (CBI) told the apex court bench of Justice A.K. Patnaik and Justice J.S. Khehar that “discrepancies in the charge sheet and improvement over the statement” could not be the basis for setting aside the magistrate court’s decision to take cognizance against Aarushi’s parents Rajesh and Nupur Talwar in the double murder case.
Appearing for the CBI, senior counsel Siddharth Luthra told the court that the so-called improvement in the statement of a doctor, who conducted the post mortem of Aarushi, were in fact the supplementary statements which were recorded in the wake of new material emerging during investigation.
“If this is the material that has been relied upon by the magistrate in rejecting the closure report, are we going to say that it should be recalled because other available material was not considered,” Luthra told the court.
The court said that “they (investigating agency) have the power to record supplementary statements”.
The Talwars are facing charges of murder, conspiracy and destruction of evidence.
The CBI in December 2010 filed a closure report in the double murder case before the magistrate in Ghaziabad.
Pointing to an observation of the magistrate in its order by which it rejected the closure report and took cognizance against the Talwars, Justice Khehar said that “if it is correct it is serious and if it not correct it is more serious”.
“Where does she (magistrate) get it from. Where does it come from,” he said.
Pointing to the magistrate order taking cognizance against the Talwars, Justice Patnaik said it was always “less said the better”.
“In the Supreme Court when I write my order, I revise it five times. I see to it nothing that I have said in my order should affect the others. It is not harsh,” he said.
Aarushi, 14, was found murdered at her Noida residence May 16, 2008. The body of her family’s domestic help Hemraj was found the next day on the terrace of the house.
The CBI will continue its arguments Friday.