In a further setback to the dentist couple Rajesh and Nupur Talwar, the Allahabad high court on Friday rejected their petitions against being summoned and proceedings being initiated against them in the case of murder of their daughter Aarushi and domestic help Hemraj.
Two different benches of the court issued separate orders on the petitions filed by them against the February 9 order of the CBI court in Ghaziabad issuing bailable warrants against them for their failure to appear before the court and to initiate proceedings against them.
"There is no provision for prohibiting a magistrate from summoning a person if prima facie it appears that there is sufficient evidence against the person," justice Balakrishna Narayana said passing the order on Nupur Talwar's petition.
She had challenged the CBI court order on the ground that at no stage of the agency's investigation was she called for interrogation nor was she named as an accused. Hence, summons should not have been issued against her, she contended.
The court, however, directed Nupur Talwar to appear before the lower court within two weeks. "She might move her bail application there itself and the same may be decided on the same day itself," the court observed.
Another petition filed by Rajesh Talwar challenging bailable warrants issued by the Ghaziabad court on February 28 was dismissed by justice Ravindra Singh.
The couple are expected to appear before the CBI court on Wednesday when the case has been posted for hearing.
14-year-old Aarushi was found murdered at her residence in Noida in May 16, 2008 and Hemraj's body was recovered the following day from the same building.
Rajesh Talwar had challenged the CBI court order onthe ground that he was out on a regular bail and hence the lower court should not have issued bailable warrants without having cancelled the bail before hand.
The contention of Talwar had been rebutted by the CBI as well as the Uttar Pradesh government with counsel for both the respondent parties underscoring that the bailable warrants were meant only to ensure that the accused appeared before the trial court, which they had failed to do in the past despite issuing of summons.
Talwar's counsel Samit Gopal indicated that the couple may go to the Supreme Court against the orders.
Asked whether the CBI will charge Nupur for assisting her husband in allegedly destroying evidence, he replied in the affirmative.
CBI counsel described the judgement as "historic".
"The couple have been summoned and the summoning order of the CBI court has been upheld by the high court. The high court has decided the matter and held that the corder passed by the CBI court does not suffer from any illegality," he said.
Initially, the Uttar Pradesh police had hinted that the girl as well as the servant were killed by her father after he allegedly saw them in "a compromising position".
An outcry followed the claim made by the police and the investigation was handed over to the CBI by the Mayawati government.
During the investigation, Rajesh Talwar was put through intensive grilling by the CBI which also took him for brain-mapping as well as narco-analysis.
Finally, the investigating agency filed its closure report earlier in 2011.
But the special court which was hearing the case observed that there was "sufficient evidence" to initiate proceedings against the slain girls' parents.