The Supreme Court has agreed to give open court hearing to a review petition by city dentist Nupur Talwar seeking reconsideration of the top court’s order approving her and her husband Rajesh Talwar’s trial for the mysterious murder of their teenage daughter Aarushi and domestic help Hemraj.
The Supreme Court’s January 6 order under challenge by them, had allowed special CBI court at Ghaziabad, near Delhi, to go ahead with the trial of the dentist couple for the alleged murder of their daughter at their apartment in Noida in May 2008.
Nupur Talwar in her petition has sought “review” of the apex court order on the ground that some crucial technical evidence like narco and polygraph tests and postmorem reports were not properly appreciated the trial court before rejecting the CBI’s closure report.
An apex court bench of Justices A.K. Patnaik and J.S. Khehar in a brief order passed after chamber hearing on Wednesday, said normally as per the Supreme Court rules the review petitions are “disposed of by circulation without any oral arguments unless otherwise ordered by the court”.
But in this case, the “court is of the opinion that it should hear the oral arguments before passing any order on the application for review” filed by the petitioner, Nupur Talwar, “hence, the registry is directed to list this matter before the court for hearing.”
Thus the apex court has used its exceptional powers to allow open court hearing on her review petition.
In the January 6 judgment, passed by a bench of Justice A.K. Ganguly (who has since retired) and Justice J.S. Khehar, had said “we have come to the conclusion that there has been a proper application of mind by the courts below... we are of the view that we
should not interfere in the concurrent orders of the HC and the trial court.”