SC reserves order on shifting of trial in Aarushi murder case

[1]

The Supreme Court on Monday reserved its verdict on dentist couple Rajesh and Nupur Talwar’s plea for shifting the trial against them in the case of the murder of their daughter Aarushi from Ghaziabad to Delhi.

A bench of justices B.S. Chauhan and J.S. Khehar also asked the trial court, which is to hear the case on February 29, to adjourn it for one week.

Pleading to shift the trial to Delhi, the couple has submitted that it has been a traumatic experience for them to go to Ghaziabad to face the trial and that they also face security threat there.

Senior Advocate Mukul Rohatgi, appearing for them, has submitted that it would be better to hold the trial in the national capital as it would not only be convenient to them but also for the witnesses and the prosecuting agency, the CBI.

The CBI, however, has opposed the plea, saying that there has been attempt on the part of the couple to delayy the trial and has assured the court that proper security arrangement would be made for them in Ghaziabad.

Additional Solicitor General Haren Raval has said that there were some hidden motives behind filing of the plea and that the petition for transfer of the case might have been filed as section 438 of the Criminal Procedure Code (relating to anticipatory bail) is not applicable in Uttar Pradesh.

On January 6, the court had cleared the decks for the couple’s trial in the murder case by dismissing their plea to quash criminal proceedings against them.

The bench had refused to interfere with the lower court’s order, saying there was nothing wrong in the magistrate’s order of taking cognisance of the charge sheet summoning them.

14-year-old Aarushi, the only daughter of the Talwars, was found dead at the family's Noida residence on the intervening night of May 15-16, 2008.

The body of their servant, Hemraj, was found the next day on the terrace. The investigation in the case was initially carried out by Uttar Pradesh Police which had arrested Rajesh Talwar on May 23, 2008.

The probe was subsequently handed over to the CBI on May 29, 2008 and Rajesh Talwar was granted bail by the Ghaziabad court on July 11, 2008.

The agency, after probing the murder for over two-and-a- half years, had filed its closure report in the case in the Ghaziabad Special CBI court, saying it had been unable to find evidence to prosecute the Talwars.

The Ghaziabad court had, however, rejected the agency's closure report, holding that there was enough prima facie material in the CBI's report to put the couple on trial and had issued summons to them.

The magistrate had taken cognisance of the case and summoned the Talwars on February 9, 2011.

The dentist couple had subsequently moved the Allahabad High Court which had dismissed their plea to quash the court summons and the proceedings initiated against them. They had then approached the apex court which had on March 19, last year stayed the trial against them.