The Supreme Court Monday reserved its verdict on the plea by dentist couple Rajesh Talwar and Nupur Talwar for transfer of trial in their daughter Aarushi’s murder case from the special CBI court in Ghaziabad to Delhi.
A bench of Justice B.S.Chauhan and Justice Jagdish Singh Khehar, while reserving the order, directed the trial court to adjourn its proceedings for a week.
The court reserved the order on the conclusion of the hearing, during which the Central Bureau of Investigation (CBI) opposed the couple’s plea to transfer the trial from Ghaziabad to Delhi on the ground of their security.
Opposing the Talwars’ plea, Additional Solicitor General Harin Rawal, appearing for the CBI, told the court that the atmosphere in Ghaziabad court was not intimidating as to justify the transfer of trial.
He told the court that despite giving an undertaking that they would appear before the trial court, the dentist couple has not done so and was resorting to all kinds of tactics to delay the trial court’s proceedings.
Appearing for Uttar Pradesh, its counsel Shail Dwivedi told the apex court that there was no representation by the Talwars raising concern over their security and seeking police protection. He told the court that he agreed with the submissions made by Rawal.
Appearing for the Talwars, senior counsel Pinaki Mishra told the court that his client Rajesh Talwar was savagely assaulted despite the claims of counsel for the CBI and the Uttar Pradesh government that there was full security in the court premises.
He said that police have acquitted themselves “very poorly” in the matter.
Having cited the security of his client, Mishra criticised the pronouncements of the trial court itself.
He said the CBI filed the closure report in the case and his client filed a petition opposing it. But the trial court rejected the petition as well as the closure report of the investigating agency and initiated proceedings against the Talwars.
Mishra told the court that the Talwars moved an application seeking exemption but the court issued non-bailable warrants against them.
Aarushi, a Class 8 student of Delhi Public School, was found with her throat slit in her bedroom at her parents’ Noida apartment May 16, 2008. The family’s domestic help Hemraj, whom police initially thought to be the prime suspect, was also found killed on the apartment’s terrace a day later.