In Aarushi-Hemraj double murder case, accused Rajesh and Nupur Talwar requested the local CBI court to adjourn the process of recording of their statements.
The two accused — suspected to be involved in the killing of their 14-year-old daughter and domestic help Hemraj — sought the adjournment from Central Bureau of Investigation (CBI) Special Judge S lal on the ground that they had filed a special leave petition in Supreme Court over the matter.
The accused, both of whom are out on bail, said they moved the apex court as the trial court rejected their pleas to summon former CBI joint director Arun Kumar and 12 other witnesses.
Talwars, in their application, mentioned that their special leave petition (SlP) in the Supreme Court had been entertained by the judges and was likely to come up Friday. Judge lal reserved the order on their plea for Wednesday.
Defence lawyer Manoj Shishodia said after the filing of the plea in the apex court he requested the trial court to adjourn the proceedings of the recording of statement.
“In the application, we have pleaded that under Article 136 of the Constitution of India, we have filed the SlP against the order of the court in which it had rejected their justified request.”
While rejecting the Talwars’ plea on summoning the witnesses, the trial court earlier said the prosecution had presented reliable witnesses. “That is their right upon whom to produce and whom not to produce before the court. The court cannot force them,” the court said.
The special CBI Judge further commented that the court possess the power to decide on the summoning of witnesses keeping in view that the victim is not deprived of any justice in absence of any potential witness. In the testimony of thirty-nine witnesses, the accused could have questioned the witnesses and they questioned some of them. If they had not questioned then they cannot question at this stage. Hence, their application is rejected.
Aarushi was found murdered at her parents’ Noida residence May 16, 2008.
The body of Hemraj was found the next day on the terrace of the house.