Allahabad: The Allahabad High Court on Friday
began hearing a writ petition by Aarushi Talwar`s parents
challenging the summons issued to them by a special CBI court
in Ghaziabad in the double murder of their teenage daughter
and domestic help Hemraj.
The petitioners challenged the summons by the special CBI
court on the plea that it had been issued to them despite the
fact that they had not been named as accused by the
investigating agency in its closure report.
Arguing on behalf of the petitioners Rajesh Talwar and
his wife Nupur Talwar, senior advocate Gopal Chaturvedi
submitted that upon submission of closure report by the probe
agency, the special CBI court at Ghaziabad had three options
(a) accepting the report, (b) rejecting it or (c) ordering a
re-investigation.
However, Chaturvedi claimed, the court did not exercise
any of the aforesaid options and "wrongly" went on to initiate
proceedings against the dentist couple.
When advocate Nazrul Islam Jafri, the counsel for the
CBI, stood up to argue the respondents` case, the defence
counsel put up a vehement opposition saying the probe agency
"did not have the power to oppose a petition of this nature".
Chaturvedi also cited a number of cases to buttress his
point and urged the court to set aside the proceedings in the
special CBI court, which has asked the Talwars to appear in
person before it on February 27.
As the day drew to a close, Justice Bala Krishna Narayana
ordered that the case be put up for further hearing on Monday,
February 27.
Meanwhile, sources close to the Talwars said here that
the couple is likely to seek exemption from personal
appearance before the trial court at Ghaziabad on Monday next
citing pendency of related matter before the High Court.
Aarushi (14) was found murdered inside her Noida
residence in May, 2008, while the body of domestic help Hemraj
was found hours later on the terrace of the house.
Uttar Pradesh police had, during the course of its
investigations, alleged that the girl and the servant could
have been killed by Rajesh who might have seen them "in a
compromising position".
A public outcry ensued and the matter was handed over to
the CBI by the state government.
Although Rajesh was intensively grilled by the CBI, which
also took him for Narco tests and brain-mapping, the agency
did not name him or his wife Nupur as suspects in its closure
report filed earlier this year.
A special CBI court in Ghaziabad had, on February 9, made
the Talwar couple an accused in the two-year-old case on
charges of murder, destruction of evidence, conspiracy and
common intention to commit the crime and issued summons to
them to face trial.
PTI
