Minor reprieve for Aarushi father Rajesh
A bench of justices A K Ganguly and J S Khehar said that any further proceeding regarding his bail will be decided by the Ghaziabad court which will hear the case on February 4. It also said that the dentist will not leave the city without informing the local police station and his passport will remain in the custody of the Magistrate.
It, however, allowed the CBI to approach the trial court to file any application in the matter. Senior Advocate Harish Salve, appearing for Rajesh, submitted that his client will appear before the trial court on February 4 in the twin murder case. 14-year-old Aarushi, the only daughter of the Talwars, was found dead with her throat slit at the family`s Noida residence on the intervening night of May 15-16, 2008 and the body of domestic help Hemraj was found on the terrace the next day.
The apex court had, on January 6 asked the dentist couple to face trial in the murder of Aarushi, a class nine student, and Hemraj. The bench had said there was nothing wrong in the Ghaziabad magistrate`s order taking cognisance against them and putting them on trial as the trial judge passed the order after applying his mind.
"We feel constrained to observe that the court should exercise utmost restraint before interfering in the magistrate`s order," the bench had said adding, "The magistrate has applied his mind to come to the conclusion of taking cognisance in the case".
The investigation in the case was initially carried out by the Uttar Pradesh Police which had arrested Aarushi`s father on May 23, 2008. The probe was subsequently handed over to the CBI on May 29, 2008 and Rajesh was granted bail by the Ghaziabad court on July 11, 2008. The CBI after probing the murder for over two-and-half years filed its closure report in the case in the Ghaziabad special CBI court, saying it had been unable to find out any evidence to prosecute the Talwars.
The trial court, however, rejected the CBI closure report, saying there was enough prima facie material in the agency`s report to put the couple on trial for their alleged involvement in the twin murders and had issued summons to them to face trial. The magistrate took cognisance of the case and summoned Talwars on February 9, 2011.
Rajesh and Nupur had subsequently gone to the Allahabad High Court, which had dismissed their pleas to quash the trial court summons and the proceedings initiated against them. The Talwar couple then approached the apex court which had on March 19 last year stayed the trial against them but it vacated the stay on Friday.