Saturday, March 19, 2011

Aarushi murder case: Relief for Talwars as SC stays all trial proceedings

By Punem sexena-NEW DELHI: In a temporary relief to dentist couple Rajesh and Nupur Talwar, the Supreme Court on Saturday stayed all proceedings against them in the case of murder of their daughter Aarushi and domestic help Hemraj in 2008.

The couple had challenged the order of the Allahabad high court which had refused to stay the proceedings before a special CBI court at Ghaziabad in the sensational case.

The apex court, which gave the decision in a rare judgment, has asked the Talwars to submit their passports to the CBI court. The SC has stayed the CBI court order summoning the Talwars to appear before it on March 22.

The Allahabad high court had on Friday dismissed their plea seeking quashing of the proceedings initiated by the lower court which not only refused the closure report of the CBI but also summoned them as accused in the case.

The high court had said that it cannot prohibit the magistrate from taking cognisance of a case if prima facie it appears that there is sufficient evidence against a person.

Justice Balakrishna Narayana of the Allahabad high court had dismissed the criminal revision petition of Nupur against the CBI court proceedings, saying the petition has "failed to provide any valid reason warranting the court's intervention at this stage".

The high court asked Nupur, who had submitted that she had been summoned despite never having been called for interrogation or having been named as an accused in the CBI's closure report, to appear before the trial court within two weeks.

Another petition filed by Rajesh Talwar challenging bailable warrants issued by the Ghaziabad court on February 28 was dismissed by Justice Ravindra Singh.

On February 9, the Ghaziabad court had issued bailable warrants against the couple for their failure to appear before the court and to initiate proceedings against them after it had named them accused while rejecting the closure report of the CBI, which was treated as the chargesheet.

14-year-old Aarushi was found murdered at her residence in Noida in May 16, 2008 and Hemraj's body was recovered the following day from the same building.
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