Aarushi Murder Case: Talwars appeal in Allahabad High Court

Parents of Aarushi Talwar on Monday moved the Allahabad High Court against a Ghaziabad court for accusing them in the double murder case of their daughter and domestic help Hemraj.

On Feb 9, a special CBI court on Wednesday ordered the trial of doctor couple Rajesh and Nupur Talwar in the murder case of Aarushi and Hemraj.

Nupur Talwar?s lawyer filed an application at the High Court on Monday, challenging the CBI court?s order.

Earlier, rejecting the Central Bureau of Investigation?s (CBI) closure report in the case, special court judge Preeti Singh ordered that the Talwars must face trial in the murder cases.

While the CBI had all along maintained that Rajesh was the only suspect though he could not be implicated due to lack of substantial evidence, Nupur?s name as an accused has emerged for the first.

The Talwars have been asked to appear before court on Feb 28 when their trial begins.

The dentist couple have been made accused under sections 302 (murder), 201 (destruction of evidence) and section 34 (acts done by several persons in furtherance of common intention) of the IPC.

?The Court has taken cognisance of offences under Section 302, 201 read with 34 IPC and summoned Dr Rajesh Talwar and Nupur Talwar as accused in the case for February 28,? CBI counsel R K Saini told reporters.

The Talwars? lawyer, Rebecca John, said the CBI special court order will be challenged in a superior court.

She said, ?You (an apparent reference to media) create an atmosphere and this is what will happen.

?There is rule of law in the country. We propose to challenge the order in a superior court. This is not a final order. This is open to challenge. Our remedies are open,? she added.

The order has, however, been welcomed by Naresh Yadav, counsel of Krishna, Raj Kumar and Vijay Mandal, who were earlier arrested on the basis of suspicion by the CBI, but later released owing to lack of evidence.

?The court order is in favour of the underprivileged people. We thank the court for that. It is in favour of the marginalized. Now the officials who tried to implicate them (the servants) should be tried,? Yadav said.

The CBI had on Feb 8 asked the special court here to accept its closure report in the Aarushi Talwar murder case, stating that the agency had no substantial evidence to implicate anyone though Rajesh Talwar remained the only suspect for the murder of his daughter.

Fourteen-year-old Aarushi was found murdered, with her throat slit, at the Talwar?s residence in Noida on the morning of May 16, 2008. The body of Hemraj, the Talwars? help, was found on the terrace the next day.

The CBI, in its closure report in the case, had said there were ?gaps in the investigation? and Rajesh Talwar, a dentist, remained the only suspect in the murder case of his daughter and Hemraj.

Rajesh was also arrested by the CBI in the case.

Talwars had filed a protest petition against the CBI?s closure report in the court.