In an unexpected turn of events for city dentist couple Rajesh and Nupur Talwar, the Supreme Court on Friday gave its go-ahead to the special CBI court at Ghaziabad to put the dentist couple on trial for the mysterious murder of their 14-year-old daughter Aarushi and domestic help Hem Raj at their residence in May 2008.
The order came as a major setback to the Talwars, who, in fact, had approached the top court for overturning the Allahabad high court’s March 18, 2011 verdict approving the special judge’s order issuing process for their trial despite the CBI seeking to close the case.
Dismissing their appeal, a bench comprising Justices A.K. Ganguly and J.S. Khehar said, “We come to the conclusion that there has been a proper application of mind by the courts below... we are of the view that we should not interfere in the concurrent orders of the HC and the trial court.”
The top court said the trial judge, after analysing the CBI’s closure report, had given his views in an order passed February 9, 2011 that a “prima facie” case was made out for issuing process to initiate trial against Aarushi’s parents.
Describing the killing of Aarushi as “unfortunate” and “provoking” a public outcry, the apex court told the Talwars’ counsel, Mr Ranjit Kumar, that once cognisance had been taken by the trial judge in a case like this irrespective of the contrary views of the prosecution, there was little scope for intervention by higher courts, not even by the Supreme Court. “At this stage we should show utmost restraint in interfering with the trial court’s order when cognisance has been taken by it,” the Supreme Court said, vacating its stay on the trial proceedings.
The bench disapproved of Mr Kumar’s persistent attempt to narrate the “gory details” of the double murder. “Don’t tell us the gory details of the crime, it will not help you,” the judges observed, stating they “deliberately” had not gone into the details as the case was pending and any comment on merits should not impact the trial. “If the counsel continues to provoke the court to comment, your chances in the trial court will become bleak... the girl was murdered in her house in mysterious circumstances, and only the parents were there,” the bench reminded the counsel.