AARUSHI MURDER CASE
Trial to begin on 11 May; SC yet to take up Nupur’s bail plea
Special CBI court in Ghaziabad transfers case to sessions court since murder trials are beyond its jurisdiction
The formal trial in the double murder case of Rajesh and Nupur Talwar’s daughter Aarushi Talwar and domestic help Hemraj will begin from 11 May at the sessions court in Ghaziabad. Special Judicial Magistrate of the Central Bureau of Investigation (CBI) court Preeti Singh on Wednesday committed the case to the court of District and Session Judge Bharat Bhushan saying she does not have the requisite power under the Criminal Procedure Code (CrPC) to hold the trial of a murder case since it can only be tried in a sessions court.
She sent up the case for sessions trial, rejecting a plea by the dentist couple that the case cannot be put to trial as yet as they have not been supplied all the documents by the prosecution on the basis that the Supreme Court (SC) had issued specific instructions that the trial in the case should begin at the earliest.
The court agreed with the CBI contentions that they were only trying to delay the trial. Opposing Talwars’ plea for supply of all the prosecution documents to them, the CBI said all the relevant documents have already been supplied to them and as per a SC ruling they are not entitled to all the documents filed by the CBI in the court.
The CBI counsel said the agency had examined a total of 153 witnesses and statements of 90 out of them have already been given to Talwars, besides the 23 photographs on which the agency is relying for their prosecution.
The court, however, gave Talwars the liberty to inspect all the documents.
Both Nupur and her husband Rajesh were present during the hearing. Nupur was later taken to Dasna Jail. She is said to be running fever but Dasna jail authorities said she is being taken care of and is fine. She has now spent almost 2 weeks at the prison.
Additional District and Sessions Judge S Lal had on 2 May denied bail to Nupur in the case ruling that there is prima facie evidence to suggest her involvement in the murders.
Meanwhile, the SC is yet to hear the review petition filed by Nupur against the order of the Ghaziabad court to deny her bail. Rajesh’s bail application too is pending before the Allahabad High Court and will come up for hearing on 25 May.
Trial against Talwars to begin on 9 May
Special court in Ghaziabad fixes date for beginning trial proceedings; SC yet to decide on Nupur's bail application
The trial of Rajesh and Nupur Talwar in the double murder case of their daughter Aarushi Talwar and domestic help Hemraj will begin on 9 May. The special Central Bureau of Investigation (CBI) court in Ghaziabad on Thursday 3 May, set the date during the first hearing regarding the trial.
Both Rajesh and Nupur Talwar were present at the court during the hearing. Their lawyers requested the court that all the documents submitted by the CBI be made available to them after and the special CBI judge Priti Singh directed the agency to do so by 9 May.
The sessions court in Ghaziabad had on Wednesday 2 May, rejected the bail application of Nupur Talwar on the grounds that she may tamper with evidence and even try to flee. Both Rajesh and Nupur Talwar are accused of murder, destruction of evidence and criminal conspiracy.
She has now approached the Supreme Court which will hear the matter on Friday 4 May. The SC will also consider a review petition filed by the Talwars to have the trial proceedings against them quashed.
Nupur Talwar to wait another day for bail
Special CBI court in Ghaziabad reserves order on her application for the second day
Nupur Talwar will have to spend another night in jail on Tuesday 1 May as the special trial court in Ghaziabad reserved its order on her bail plea till Wednesday 2 May. Special Central Bureau of Investigation (CBI) judge S Lal heard the arguments in the case and reserved its order.
Nupur was not present in the court; neither was her husband Rajesh Talwar, who is the main accused in the murder case of their daughter Aarushi Talwar and domestic help Hemraj. Both had been killed on the night of 15 May, 2008.
Nupur’s lawyers argued that there was no scientific evidence against her in the double murder case. If the main gate was bolted from outside, they said, how could the CBI justify its stance ruling out involvement of an outsider. They also pointed out that Nupur was the mother of a child and that she had bought her a camera just a day earlier.
The CBI, however, argued that the Talwars had tampered with evidence. The lawyers of the agency pointed out to the court that while there had been marks of Aarushi’s blood on Rajesh’s clothes, there were none found on Nupur’s clothes; how could she not even hug her only daughter’s body, the lawyers questioned.
Nupur Talwar arrested, to spend night in prison
After surrender and arrest at the special CBI court in Ghaziabad, sessions court reserves order on bail for Aarushi’s mother
For the first time in almost four years since the murders of her daughter Aarushi Talwar and domestic help Hemraj, Nupur Talwar will on Monday 30 April spend a night in jail. A sessions court in Ghaziabad reserved till Tuesday 1 May its order on her bail plea after the special Central Bureau of Investigation (CBI) court where she and her husband Rajesh Talwar will be tried for murder, criminal conspiracy and destruction of evidence, said it did not have the jurisdiction to decide on her bail application.
Obeying the Supreme Court order of 27 April Nupur surrendered before the special trial court on Monday morning and was immediately taken into custody by the CBI on the orders of the special CBI judge Priti Singh. Her lawyers applied for bail on the grounds that she is a woman and so entitled to leniency; they also pointed out that her husband Rajesh, the main accused in the case, has already been granted bail and so she should be treated at par.
The CBI, however, opposed her bail describing the crime she is accused of as ‘heinous’ and also tried to drive home the point that she had evaded arrest for a long time.
The special CBI judge, however, said she did not have the jurisdiction to decide on her bail, after which Nupur’s lawyers moved the sessions court for bail, which will give its verdict on Monday.
Nupur will spend the night at the Dasna jail in Ghaziabad; she will be lodged in the women’s wing of the jail. Prison authorities said tight security arrangements have been made for her cell and that nobody will be allowed to enter the jail premises without prior permission.
Hearing her application for bail on 27 April, the SC bench of justices AK Patnaik and JS Khehar had refused to stay the non-bailable warrant issued against her by the special CBI court and asked Nupur to surrender before the trial court in Ghaziabad and then apply for bail with the trial judge; it also ordered that the trial court take up the matter regarding her bail ‘expeditiously’. The court had also turned down her plea for granting protection against any arrest on her surrender.
Pointing out that her husband Rajesh had also been granted bail in the double murder case, the Bench had said that she should approach the higher courts only if she is not granted bail by the trial court. Both Nupur and Rajesh were made accused by the court on 9 February last year for the murder of their daughter and servant on 15 May, 2008.