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Updated: April 30, 2012 11:03 IST

Supreme Court directs Nupur Talwar to surrender before the trial court

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Nupur Talwar arrives at the Supreme Court in connection with the hearing of her plea seeking a stay on the non-bailable warrant issued against her by a trial court, in New Delhi. File photo
Nupur Talwar arrives at the Supreme Court in connection with the hearing of her plea seeking a stay on the non-bailable warrant issued against her by a trial court, in New Delhi. File photo

The Supreme Court on Friday directed dentist Nupur Talwar to surrender before the trial court in Ghaziabad on Monday in the case of muder of her 14-year-old daughter Aarushi and domestic help Hemraj in Noida four years ago.

Refusing to stay the non-bailable warrant issued against her by the Special CBI Court, a Bench of Justices A.K. Patnaik and J.S. Khehar asked her to approach the trial judge for bail after surrendering. The court shall expeditiously consider her plea.

It also turned down her plea for protection against any arrest on her surrender.

“We should not anticipate what the trial court is going to do. You appear before it, and the court shall consider your bail [plea]. If you do not get bail, then there are higher courts,” the Bench said.

The Bench pointed out that her husband also got bail in the case. “We are not inclined to stay the operation of the order of non-bailable warrant issued by the Special Judge, Ghaziabad. But we direct that petitioner [Nupur Talwar] appear on Monday and move her bail [plea]. In case, [an] application for bail is moved, the same shall be considered expeditiously.” Aarushi was murdered on the intervening night of May 16-17, 2008, at her Noida residence, and the body of Hemraj was found on the terrace the next day.

Nupur faced arrest after the Ghaziabad court issued the warrant on April 11. Thereafter, the CBI carried out searches at her Delhi home. But the agency assured the Bench later that it would not arrest her till the hearing of her plea in the Supreme Court. “It [the hearing of Nupur's case] would take time, so you must surrender,” the Bench said, at the end of the hearing.

If I would be Nupur or Rajesh Talwar, I would get the legal process started and not try to evade the court. I would defend myself at the trial/session/high/supreme court and fight the case on the strength of the evidences brought by the prosecution. The fact that Nupur and Rajesh are trying to get a clean-chit even before the trial is unbelievable. Why is trying to evade the trial, if she believes that she is innocent???
From day one, I believed that NT and RT committed the crime and then were using their influence and social stature to escape the justice. Court is their only way, they should not be shying from the trial. The honourable judge can find them innocent or guilty, then why not use their energy to build their case?

from:  Samir Thapa
Posted on: Apr 30, 2012 at 23:38 IST

Arushi's case has been made into a sheer travesty of justice by the
investigating agencies - first the UP police and then the CBI. One
just needs to read reports of independent journalists who investigated
the case - like Tehelka and Patrick French, respectively, to know how
incompetent the CBI is and how badly the police bungled things up.
And now the poor parents are being made scapegoats. One just shudders
to think what the parents have gone through in the past 2 years - more
so because of the irresponsible behaviour of the electronic media who
have no concern for people's privacy. God help them.

from:  S Kumar
Posted on: Apr 27, 2012 at 23:40 IST

During my days in boulder, colorado in the late 90s, the Jon-Benet
Ramsey case was in the headlines for a while. The child in question was
found murdered in the family's cellar. The case was never solved,
although various family members were investigated. Even with competent
and professional investigation (which clearly was not the case in the
Talwar case) a result is not always possible. Even if the parents are
guilty, it would be a dangerous precedent if there is a conviction
despite the investigating agency not coming up with evidence, and filing
a closure report.

from:  Karthik Bala
Posted on: Apr 27, 2012 at 19:05 IST
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