Nupur bail plea rejected, sent to jail

Ghaziabad: Nupur Talwar, an accused in the 2008 double murder of her daughter Aarushi and a domestic help, was jailed today after a district court rejected her interim bail plea in which she said a mother can`t kill her own child. Additional District Judge S Lal fixed tomorrow as hearing on her plea for regular bail.

In his order, Lal said he did not find it feasible to let accused enlarged on interim bail. "Consequently, the application is rejected," he said. Nupur who was sitting with her husband and co-accused Rajesh Talwar, already on bail, in a nearby court room of Special Judicial Magistrate Priti Singh broke down after hearing the news and was consoled by her relatives.

She was immediately escorted by women constables and taken to Dasna Jail in police vehicle where she would spend at least tonight and will be lodged in barrack number 13 of the district jail where her husband Rajesh had earlier spent 50 days after his arrest in the case. During the hearing, defence counsels of Nupur made a strong pitch for her bail even citing concept of trinity — the creator, the protector and the destroyer — of Indian mythology to claim that "creater cannot be destroyer".

"Can I kill my own daughter? Is the concept of love of mother wiped out? If the evidence of CBI is deficient, should I go to Jail…I am the mother of the child who is dead. My husband has already been granted bail. On parity I should be given bail," Nupur`s lawyers led by G P Thareja quoted from her statement.

"Whose liberty is being curtailed? — the Mother`s. Look at the evidence…look at the torture she would undergo?" Thareja said adding that she should be given interim bail as summoning order is before the Supreme Court. While the hearing in Singh`s court was going on in the morning, a tensed Nupur sat with her husband Rajesh Talwar and relatives, already on bail, in yellow salwar suit and kept chanting Hanuman Chalisa apparently seeking divine help.

Nupur`s lawyer said she had always cooperated with the CBI in their probe in the case and had even gone to Gandhinagar in Gujarat for undergoing a scientific tests. The CBI meanwhile strongly opposed the bail plea saying Talwars create "emotional" atmosphere before courts saying their daughter was killed but actually it was a double murder in which their servant Hemraj was also killed. CBI public prosecutor R K Saini said Nupur was trying to evade courts as despite bailable and non-bailable warrants against her, she appeared before the Special Judicial Magistrate only after Supreme Court directed her to do so.

"Their purpose is to go out of the clutch of courts` What is so special in your case that Nupur should not be behind bars," Saini said countering the argument of Nupur`s lawyers. The CBI said she was not only an accused of murder but also of destruction of evidence and seeing the seriousness of the charges, her plea of being a woman under section 473 CrPC, should not be entertained.

While the heated arguments were exchanged between the two sides in a charged atmosphere in a jam-packed courtroom, Nupur kept sitting in the nearby court of Special Judicial Magistrate Priti Singh who had remanded her to judicial custody and rejected her bail plea.

In the morning as the court opened, Nupur, flanked by her husband Rajesh and relatives took an alternate route to avoid waiting camera crew to reach the court of Singh, who had issued a non-bailable warrant against her, and surrendered. She was immediately remanded to judicial custody by Singh who also rejected her bail plea. Nupur`s lawyers had sought bail saying that she is a woman and mother of victim Aarushi and besides that her passport is also submitted to the court.

The court said it did not have powers to decide the bail plea of Nupur and she would have approached sessions court with the application. After the orders, Nupur`s lawyer`s rushed to the court of District Judge Bharat Bhushan with plea to hear her regular bail application or grant her interim bail as the Supreme Court has directed the lower court to decide her bail issue "expeditiously". District Judge, who was transferred recently here, allotted the matter to Additional District Judge S Lal who heard the matter in the evening.

Aarushi was murdered on the intervening night of May 16-17, 2008 at her Noida residence and the next day the body of domestic help, Hemraj, was found on the terrace of the house. Nupur had faced arrest after the Ghaziabad court had issued non-bailable warrant against her on April 11 following which the CBI had carried out searches at her Delhi premises.

She surrendered today after a Supreme Court bench of justices A K Patnaik and J S Khehar had asked her to approach the trial judge for bail. The bench had also turned down her plea for granting protection against any arrest after her surrender. "We should not anticipate about what the trial court is going to do. You appear before it and the court shall consider your bail. If you do not get bail then there are higher courts," the bench had told Nupur.

The bench had also pointed out that her husband got bail in the twin murder case. "We are not inclined to stay the operation of the order of non-bailable warrant (NBW) issued by the Special Judge, Ghaziabad….We direct that petitioner (Nupur) will appear on Monday and move her bail. In case application for bail is moved, the same shall be considered expeditiously," the bench had said.