New Delhi: The Supreme Court Thursday ruled that Rajesh and Nupur Talwar would have to face trial in the twin murders of their daughter Aarushi and domestic help Hemraj, prompting the “deeply disappointed” dentist couple to vow that they would nail the killers and that justice would one day prevail.
As the Supreme Court bench of Justices A.K. Patnaik and J.S. Khehar rejected Nupur Talwar’s petition seeking review of the earlier order that she and her husband be tried for the 2008 murders and also turned down the plea for further investigation in the case, legal experts said proving innocence in court was now their only option.
While Nupur Talwar is at the Dasna jail in Ghaziabad, Rajesh Talwar is out on bail.
The court cautioned Nupur Talwar to desist from wasting the time of the court by challenging every order of the lower court right up to apex court. The court said that failure to do so would invite exemplary costs. “As of now, I would only seriously caution the petitioner from such behaviour in future. After all, frivolous litigation takes up a large chunk of precious court time,” Justice Khehar said.
The Talwars had challenged the Feb 9, 2011 order of a Ghaziabad magistrate rejecting the closure report filed by the Central Bureau of Investigation (CBI) in the case and taking cognizance against the dentist couple for the double murder.
With all avenues except a trial closed, the Talwars said in an emotive statement soon after the setback in the apex court that they were “deeply disappointed” with the rejection of their review plea but accepted the order with humility. “We will defend our honour and that of our only child, Aarushi, vigorously in court and we will not rest till all our innocence is proved, our honour vindicated and the real killers are apprehended and brought to trial,” the couple said, adding, “We are deeply disappointed at the dismissal of our review petition by the Supreme court, but we accept it with humility. We believe justice will one day prevail.”
Eminent criminal lawyer Majid Memon said the way forward for the Talwars was to stand trial and give evidence of their innocence.
Memon said that the review petition filed by the Talwars had no meaning. The Supreme Court should not have interfered in the matter, as the Ghaziabad trial court was already hearing the matter, he added. “The Supreme Court or the high court is not expected to interfere in the matter which is already being heard by the trial court. Now, the Talwar couple has to face trial and ensure that they are innocent.” Memon said.
Advocate S.P.M. Tripathi added: “If they want to prove their innocence, they must face trial. Since charge has been framed and it has been accepted by the Supreme Court so they have to follow today’s order.”
Lawyer Ehtesham Hashmi, who has closely followed the case, told IANS: “If they want to come clean, they must face trial, lead evidence in defence and prove their innocence.”
Aarushi, 14, was found murdered at her parents’ Noida residence May 16, 2008. The body of Hemraj was found the next day on the terrace of the house. Aarushi’s parents maintain that they are innocent and are being framed by the Central Bureau of Investigation (CBI) that has been unable to track the real killers.
A CBI court has charged the Talwars under sections 302/34 (murder with common intention) and 201 (destruction of evidence with common intention) of the Indian Penal Code (IPC).
In addition to these, the court charged Rajesh Talwar under section 203 (giving false information respecting an offence committed) of IPC.