Senior counsel Harish Salve, appearing for Nupur before a bench of justices A K Patnaik and J S Khehar, said the Special CBI court erred in taking cognisance for the murders against the couple and discharging another accused Krishna from whose pillow the blood stains of Hemaraj was recovered.
Aarushi and Hemraj were found murdered at their Noida house on the night intervening May 15 and 16, 2008, with the motive and killers, still remaining a mystery “I want the cognisance against me (to be) quashed. Let there be further investigation in the matter,” Salve told the bench, which also witnessed Justice Patnaik making some sharp remarks.
Justice made the remarks when Additional Solicitor General Harin Raval, while answering the bench's questions said the court's deliberation was going beyond the scope of the review petition against the apex court's order, which earlier had dismissed Talwars' plea against the trial court's order that took cognisance against them in the twin murder case.
“You (ASG Raval) are arguing before the Supreme Court of India. For us, the CBI does not matter. For us, the media does not matter. For us only the ends of justice matters. Don't threaten us Mr Raval....,” said Patnaik.
“You are taking objection to the court. Don't show any resent... We will go by the law. We will go by the CrpC,” Justice Patnaik said.
“No question of anything. We have to do justice. I have worked as judge in all parts of the country. Nowhere in the country and nobody has said or can say I am not concerned with justice. I stood by justice. The type of arguments Raval is making is not going to affect me.
“There cannot be a question to my commitment for justice,” the judge said.
While arguing for revocation of trial court's cognisance against Talwars in the murder case, Salve submitted that the trial court failed to consider various evidence including forensic material which revealed recovery of Hemraj's blood stains from the pillow of Rajesh Talwar's compounder Krishna.
Salve claimed several other factors like entry from outside by some persons were ignored by the trial court. He pointed out that it was the Talwars, who had filed the protest petition against the CBI's closure report, but the special judge chose to ignore it and instead discharged Krishna while taking cognisance against the couple.
The bench agreed with the counsel's submission that the magistrate cannot step into the role of an investigating agency in the case.
“Magistrate cannot settle itself as investigating agency. If the magistrate was not satisfied with the closure report, he could have asked for further investigation in the case,” the bench remarked.
Salve said the blood stains recovered from Krishna's pillow belonging to Hemraj does not find a mention in the closure report.
“There are number of unexplained footprints, blood stains which have not been considered by the trial court. We filed the protest petition against the closure report. But they discharged Krishna and took cognisance against us,” Salve said.
When another senior counsel Mukul Rohtagi made the plea for bail to Nupur, the bench said it would consider the same on Wednesday when the arguments of the review petition would resume.
Justice Patnaik indicated that the bench may even sit during the vacation to decide the review petition.
The bench said it would hear Nupur Talwar's bail plea on Wednesday and try to conclude the hearing before the upcoming summer vacation.
The bench told ASG Harin Raval that if necessary, it may sit even during the holidays to complete the hearing.
“We will hear you also at length. We will hear everyone. If necessary I will come during the holidays and hear the matter with my brother (Justice Khehar) who is in the vacation bench,” Justice Patnaik said.
Fourteen-year-old Aarushi was found dead with her throat slit at her Noida residence on the night intervening May 15 and 16, 2008, while Hemraj's body was recovered from the terrace of the house the next day.
Additional District Judge S Lal, who had reserved the order on Nupur's bail application, had said while prima facie she was accused of killing her own progeny and the servant who came from Nepal, she may also create hindrance in smooth disposal of the trial, if given the bail.
Ordering 14-days' judicial custody, the court, in its four-page order, had also said that Nupur may flee from justice to delay the trial.
