Two different benches of the court issued separate orders on the petitions filed by them against the Feb 9 order of the CBI court in Ghaziabad issuing bailable warrants against them for their failure to appear before the court and to initiate proceedings against them.
"There is no provision for prohibiting a magistrate from summoning a person if prima facie it appears that there is sufficient evidence against the person," Justice Balakrishna Narayana said passing the order on Nupur Talwar's petition.
She had challenged the CBI court order on the ground that at no stage of the agency's investigation was she called for interrogation nor was she named as an accused. Hence, summons should not have been issued against her, she contended.
The court, however, directed Nupur Talwar to appear before the lower court within two weeks. "She might move her bail application there itself and the same may be decided on the same day itself," the court observed.
Another petition filed by Rajesh Talwar challenging bailable warrants issued by the Ghaziabad court on Feb 28 was dismissed by Justice Ravindra Singh.
The couple are expected to appear before the CBI court on Wednesday when the case has been posted for hearing.
14-year-old Aarushi was found murdered at her residence in Noida in May 16, 2008 and Hemraj's body was recovered the following day from the same building.