The CBI Friday told the Supreme Court that it will not arrest dentist Nupur Talwar in the Aarushi murder case as long as her petition seeking the cancellation of a non-bailable warrant against her is pending before the court.
An apex court bench of Justice A.K. Patnaik and Justice J.S. Khehar sought a commitment from the Central Bureau of Investigation (CBI) that it would not arrest Talwar till her plea was pending.
As Additional Solicitor General Harin Raval said that the probe agency would take note of what had been said by the court, the bench observed it had total faith in the CBI.
The court directed the matter to be placed before Chief Justice S.H. Kapadia so that it could be listed before an appropriate bench.
The court said that Thursday it agreed to hear the matter thinking that the matter being mentioned before it was in pursuance of an earlier petition seeking the review of its verdict directing Nupur Talwar and her husband to face the trial in the murder of their daughter.
Nupur and Rajesh Talwar’s 14-year-old daughter Aarushi was found dead inside their Noida residence in May 2008 with her throat slit. The body of the Talwars’ domestic servant Hemraj, initially a suspect in the case, was recovered from the terrace a day later.
Just before Justice Patnaik and Justice Khehar heard Nupur Talwar’s plea, a bench comprising Justice B.S. Chauhan and Justice Khehar heard the plea by Rajesh Talwar seeking clarification whether the relief of bail granted to him in the Aarushi case could also be extended to his wife.
The CBI told the court that she was trying to take the benefit of the order on the plea of Rajesh Talwar.
Nupur Talwar, in her petition, told the court that neither the Uttar Pradesh Police who had initially investigated the case nor the CBI considered her as an accused.
She said it was the trial court magistrate who considered her an accused and issued warrants against her.
Apprehending that she would be arrested if she appeared before the magistrate’s court, Nupur Talwar said no investigation was required to be done in the case as the investigating agency had already filed its closure report.
She contended that no benefit would be caused to anyone if fresh investigation was carried out.
The dentist told the court that her husband was granted bail July 11, 2008 and that has been continued by the apex court through an order Jan 9.