The Supreme Court on Wednesday termed as “premature” the arguments of dentist Nupur Talwar for quashing of proceedings against her on the basis of alleged lacunae in evidence in the twin murder case of her daughter Aarushi and domestic help Hemraj.
“This is not the stage to argue on the evidence. If you argue on it then we will have to draw a conclusion on it which might be dangerous for you. It is too premature to argue.
“These things have to be decided by the trial court on the basis of cross examination,” a Bench of Justices A.K. Patnaik and J.S. Khehar said.
“If we take a call on it and come to a certain conclusion then everything would be over.”
“You cross-examine the persons who appear in the case during trial and then say it’s nonsense. But we cannot examine all those things,” the Bench said during the hearing which saw the CBI bringing a new advocate in place of Additional Solicitor General Harin Raval, who had an exchange of sharp remarks with Justice Patnaik during the last hearing over the scope of hearing in the review petition.
At the outset, the Bench wanted to know about Mr. Raval, who was not present in the courtroom. Senior advocate Siddharth Luthra informed the Bench that he would be representing the investigating agency in the case.
He was told by the Bench in clear terms that it would hear the case within the parameters of review petition. “We are not trial court or magistrate. We want to hear the case with a parameter of review petition. We want to see whether there has been application of mind by the magistrate while passing the order and whether all the relevant documents and statement of witness were considered by the magistrate or not,” the Bench said.