A bench of Justices B S Chauhan and J S Khehar had on 2 March dismissed the couple’s plea for transfer of the trial of the murder case to Delhi on grounds of hostile atmosphere, inconvenience besides attributing bias to the special CBI judge dealing with the case.
The apex court noted that though the Talwars did not press their charge of bias against the judge, yet inferences drawn against the court including the Allahabad High Court was contemptuous as was alleged by the CBI which had opposed the transfer plea.
“We have no doubt, that the basis on which the petitioners (Talwars) are seeking transfer of proceedings are just speculative and unjustified apprehensions based inter alia on vague and non-specific allegations.
The Supreme Court has warned dentist couple Rajesh and Nupur Talwar from indulging in "irresponsible insinuations" on court proceedings relating to the sensational murders of their daughter Aarushi and domestic help Hemraj.
“We also wish to caution the petitioners, from making any irresponsible insinuations with reference to court proceedings,” the bench in its order observed.
The Talwars had drawn certain inferences against the CBI judge after he turned down their plea on 28 February, 2011, for exemption from personal appearance in the case.
“Although we could have initiated action against the petitioners, yet, in the peculiar facts and circumstances of this case, we refrain ourselves from doing so.
“However, we consider it just and appropriate to warn the petitioners from any such impertinence in future,” the bench said.
Aarushi, 14, the only daughter of the Talwars, was found dead at the family’s Noida residence on the intervening night of 15-16 May, 2008. The body of the Talwars’ servant Hemraj was found next day on the terrace.
“The impertinence of the petitioners in the instant case, is magnified manifold because the order dated 28.2.2011 was assailed by the petitioners before the high court of judicature at Allahabad, but the challenge failed.
“In this view of the matter, the insinuations can also be stated to have been aimed even at the high court,” the bench said.
The Talwars had inferred that they were not likely to get justice, as the Ghaziabad court was proceeding with the matter with a pre-determined mind.
The couple suffered a setback on 2 March when the apex court rejected their plea to shift the trial to Delhi.
The CBI had, opposed the plea, saying there were some hidden motives behind the filing of the plea and that the petition for transfer of the trial of the case might have been filed as Section 438 of the CrPC (relating to anticipatory bail) is not applicable in Uttar Pradesh.
On 6 January, the court had cleared the decks for the couple’s trial in the murder case by dismissing their plea to quash criminal proceedings against them.
The investigation in the case was initially carried out by Uttar Pradesh Police which had arrested Rajesh on 23 May, 2008. The probe was handed over to CBI on 29 May, 2008, and Rajesh was granted bail by the Ghaziabad court on 11 July, 2008.
The 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 the agency’s closure report, saying there was enough prima facie material in CBI’s report to put the couple on trial and had issued summons to them.