Friday, 3 February 2012

SC notice to CBI on Talwars transfer plea
SC notice to CBI on Talwars transfer plea
Clean  Media Correspondent

New Delhi, Feb 03 (CMC): The Supreme Court on Friday issued a notice to CBI on dentist couple-Nupur and Rajesh Talwar's plea for transferring the trial relating to the murders of their daughter Aarushi and domestic help Hemraj from Ghaziabad to Delhi. 
A bench of justices BS Chauhan and JS Khehar sought CBI's reply within four weeks after the couple claimed most of the witnesses were based in Delhi and moreover, Rajesh had faced a hostile atmosphere in the Ghaziabad court where he was assaulted with a knife by a person in January 2011. 
On January 6, the apex court had cleared the decks for the couple's trial in their daughter Aarushi's murder case. 
A bench of justices AK Ganguly (since retired) and JS Khehar had dismissed the couple's plea to quash criminal proceedings against them in the 2008 case involving the killing of Hemraj and their teenaged daughter in Noida on Delhi's outskirts. 
The bench had said there was nothing wrong in the magistrate's order taking cognizance against them and putting them on trial. 
Refusing to interfere with the lower court's order which had rejected CBI's closure report, the bench said the magistrate gave the ruling after applying his mind. 
"We dismiss the appeal," the bench said while clarifying that its order would not prejudice the trial against the accused. 
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 Hemraj was found on the terrace the next day. 
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 CBI on May 29, 2008, and Rajesh Talwar was granted bail by the Ghaziabad court on July 11, 2008. 
CBI, after probing the murder for over two and 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 trial court had, however, rejected CBI's 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 the trial. 
The magistrate took cognizance of the case and summoned the Talwars on February 9, 2011. 
Rajesh and Nupur had subsequently moved the Allahabad High Court which had dismissed their plea 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. 

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