Aarushi case: CBI justifies in SC charges against Talwars

The magistrate had no jurisdiction/power to release a person on bail, the CBI said

The Central Bureau of Investigation has asserted in the Supreme Court that there is sufficient material to prima facie show the involvement of Rajesh Talwar and his wife Nupur Talwar in the twin murder of Aarushi and Hemraj.

In its response to the petition filed by the doctor couple challenging a Allahabad High Court order dismissing their plea to stay the bailable warrants issued against them, the CBI said the magistrate was justified in issuing the warrants based on the materials and documents available with him. Acting on petitions from the couple, the Supreme Court had stayed the High Court order.

Seeking to dismiss the petitions filed by the couple, the CBI said that since it was a case with regard to the murder of Aarushi and Hemraj, the magistrate had no jurisdiction/power to release a person on bail and hence the magistrate rightly rejected the bail petitions.

Further it said “taking cognisance and summoning of the accused is a stage prior to the framing of charge and at that stage allegation is not material proof. Though Dr. Talwar was an accused in this case, the magistrate afforded him an opportunity to present his case by way of filing the protest petition which was not the requirement of law.”

The magistrate independently examined the entire material on record; ie, statement of witnesses, original documents, materials and articles relied upon, expert opinions, photographs, site plan, and more than 3,500 pages of case diaries, and concluded that prima facie case exist against the petitioner and his co-accused, Mrs. Talwar.

‘Devoid of merits'

The CBI said the magistrate had rightly issued the bailable warrants as he failed to appear in the court. The High Court did not find any illegality in the order, the CBI said and sought dismissal of the couple's petitions as they were devoid of merits.

On March 18, the High Court had refused to quash the criminal proceedings initiated by the CBI court which, on February 9, did not accept the agency's closure report. Instead, the CBI court made them accused on charges of murder, destruction of evidence, and common intention to commit the crime, and charged them under Sections 302, 201 and 34 of the Indian Penal Code (IPC).

Aarushi (14) was found murdered under mysterious circumstances on May 16, 2008. The next day, their domestic help, Hemraj's body was found on the terrace of the flat.