No relief for Talwars, SC says they must be tried for murder

The Supreme Court today quashed a review petition filed by Nupur Talwar, questioning the validity of a lower court directive that she and her husband should stand trial for the double murder of their daughter Aarushi and domestic help Hemraj.

A bench of Justice AK Patnaik and Justice JS Khehar dismissed the petition saying that it did not find any merit in it. The Supreme Court had earlier refused to quash the a CBI court’s order stating that the Talwars should face trial.

The Supreme Court’s decision today means the Talwars will have to face trial in which they are charged with murder and destruction of evidence. The trial is to commence from 8 June.

Counsel for the CBI Rajiv Nanda said that the Supreme Court bench had come to the conclusion that the petition by Nupur Talwar had no merit.

“The court said that the magistrate’s view of taking cognizance was a plausible view. When it was not necessary for a magistrate to pass detailed orders he had done so and the court said it was a perfect order by the magistrate. The higher court said it could not interfere with the magistrate’s order,” Nanda said.

The Supreme Court had not given any further directions on investigations by the CBI, he said.

The Talwars had argued that the CBI has not conducted a proper investigation into the case and are relying on flawed and unreliable evidence to prosecute them.

The defence team for the Talwars have stressed that they have been asking for certain tests like touch DNA tests which were not carried out on several of Aarushi’s belongings and in her room. They also argue that the CBI has not considered the fact that an outsider could have broken into the house and carried out the murders.

They sought that the Supreme Court should quash the current case against the couple and ask the CBI to re-open a fresh case into the incident.

The CBI have meanwhile said that there is sufficient reason in the magistrates order, asking them to re-investigate the murder. They also cite what is referred to as the ’last scene theory’ under which they have testimony from a number of people including the couples maid servant and various neighbors who have said that they saw Nupur and Rajesh that morning. They also say that it was impossible for a stranger to have entered the house.

The CBI are also pointing to the nature of injuries on Aarushi and Hemraj. They say that a golf club similar to that used by Rajesh Talwar was used to administer blows to Hemraj and say that Aarushi’s throat had been slit with ‘surgical precision’.

For the record however, the CBI in its closure report has made no secret that “no biological fluid or DNA could be recovered from the golf clubs handed over by Rajesh Talwar”.