SC dashes Talwars’ last hope
8 Jun 2012 12:15 AM GMT
The dentist couple, Rajesh and Nupur Talwar, received a double blow from the Supreme Court on Thursday. Not only the SC dismissed Nupur Talwar’s review petition, but it also warned her on filing unnecessary petitions and wasting the court’s time.
The trial of the case in which the Talwar couple are facing the charges of murder of their own daughter Aarushi and their domestic help Hemraj, would start in the Special CBI court in Ghaziabad on Friday.
The apex court dismissed her review petition challenging summons issued by a Special Ghaziabad CBI court. A bench of justices A K Patnaik and J S Khehar also dismissed Nupur Talwar’s plea for further investigations into the crime and dismissed the bail application moved by her as ‘infructuous’.
The bench of Justices in concurrent orders, giving different reasons, dismissed Nupur Talwar’s plea seeking recall of the court’s 6 January judgment, which directed the dentist couple to face trial in double murder case. ‘We have found no merit in the review petition and are not inclined to interfere with the order of the trial court,’ said the court.
The apex court criticised Nupur Talwar for misusing the time of the court by filing unnecessary petition. ‘I have noticed, that every single order passed by the Magistrate, having any repercussion, is being assailed right up to this Court. Of course, the right to avail a remedy under law, is the right of every citizen. But such a right, cannot extend to misuse of jurisdiction. The petitioner’s attitude expresses discomfort at every order not acceding to her point of view,’ said the court, while cautioning the petitioner.
Justice Khehar said, ‘I am of the considered view, that the very filing of the instant Review Petition was wholly uncalled for. ... As of now, I would only seriously caution the petitioner from such behaviour in future. After all, frivolous litigation takes up a large chunk of precious court time. While the state of mind of the accused can be understood, I shall conclude by suggesting, that the accused should henceforth abide by the advice tendered to her, by learned counsel representing her. For, any uncalled or frivolous proceedings initiated by the petitioner hereinafter, may evoke exemplary costs.’
The court said the CBI was fully justified in repeatedly canvassing that through the instant review petition the petitioner was not finding fault with the 6 January order, but with the order passed by the magistrate 9 February 2011. ‘Unfortunately, while addressing submissions during the course of hearing no reference whatsoever was made either to the order passed by the high court, and more significantly, to the order passed by this court of which review has been sought. No error whatsoever was pointed out in the order passed by this court on 6 January,’ said the court.
A CBI court has charged the Talwars under sections 302/34 (murder with common intention) and 201 (destruction of evidence with common intention) of the Indian Penal Code (IPC).
In addition to these, the court charged Rajesh Talwar under section 203 (giving false information in respect of an offence committed) of the IPC.
According to the CBI, the Talwars found their daughter in a compromising position with Hemraj and killed the teenager and the domestic help in a fit of rage.
Nupur Talwar was arrested on 30 April and has been lodged in Dasna jail since then. Rajesh Talwar, who was arrested a week after the double murders and released two months later for lack of evidence, is on bail that was sanctioned a few months ago by the Supreme Court. The CBI has appealed to the Allahabad High Court to cancel his bail.
Aarushi, 14, was found murdered at her parents’ Noida residence 16 May 2008. The body of her domestic help Hemraj was found the next day on the terrace of the house.
The trial of the case in which the Talwar couple are facing the charges of murder of their own daughter Aarushi and their domestic help Hemraj, would start in the Special CBI court in Ghaziabad on Friday.
The apex court dismissed her review petition challenging summons issued by a Special Ghaziabad CBI court. A bench of justices A K Patnaik and J S Khehar also dismissed Nupur Talwar’s plea for further investigations into the crime and dismissed the bail application moved by her as ‘infructuous’.
The bench of Justices in concurrent orders, giving different reasons, dismissed Nupur Talwar’s plea seeking recall of the court’s 6 January judgment, which directed the dentist couple to face trial in double murder case. ‘We have found no merit in the review petition and are not inclined to interfere with the order of the trial court,’ said the court.
The apex court criticised Nupur Talwar for misusing the time of the court by filing unnecessary petition. ‘I have noticed, that every single order passed by the Magistrate, having any repercussion, is being assailed right up to this Court. Of course, the right to avail a remedy under law, is the right of every citizen. But such a right, cannot extend to misuse of jurisdiction. The petitioner’s attitude expresses discomfort at every order not acceding to her point of view,’ said the court, while cautioning the petitioner.
Justice Khehar said, ‘I am of the considered view, that the very filing of the instant Review Petition was wholly uncalled for. ... As of now, I would only seriously caution the petitioner from such behaviour in future. After all, frivolous litigation takes up a large chunk of precious court time. While the state of mind of the accused can be understood, I shall conclude by suggesting, that the accused should henceforth abide by the advice tendered to her, by learned counsel representing her. For, any uncalled or frivolous proceedings initiated by the petitioner hereinafter, may evoke exemplary costs.’
The court said the CBI was fully justified in repeatedly canvassing that through the instant review petition the petitioner was not finding fault with the 6 January order, but with the order passed by the magistrate 9 February 2011. ‘Unfortunately, while addressing submissions during the course of hearing no reference whatsoever was made either to the order passed by the high court, and more significantly, to the order passed by this court of which review has been sought. No error whatsoever was pointed out in the order passed by this court on 6 January,’ said the court.
A CBI court has charged the Talwars under sections 302/34 (murder with common intention) and 201 (destruction of evidence with common intention) of the Indian Penal Code (IPC).
In addition to these, the court charged Rajesh Talwar under section 203 (giving false information in respect of an offence committed) of the IPC.
According to the CBI, the Talwars found their daughter in a compromising position with Hemraj and killed the teenager and the domestic help in a fit of rage.
Nupur Talwar was arrested on 30 April and has been lodged in Dasna jail since then. Rajesh Talwar, who was arrested a week after the double murders and released two months later for lack of evidence, is on bail that was sanctioned a few months ago by the Supreme Court. The CBI has appealed to the Allahabad High Court to cancel his bail.
Aarushi, 14, was found murdered at her parents’ Noida residence 16 May 2008. The body of her domestic help Hemraj was found the next day on the terrace of the house.
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