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The order also says
Mrs Talwar's "conduct has been such that she can't be
released", a reference to Mrs Talwar's legal attempts to avoid appearing
in a CBI court in Ghaziabad court where she is to be tried for murder. The
verdict says, " Legal history is replete with instances of matricide,
fratricide and patricide....everything is possible in these days of modern era
wherein moral values are fast declining and one can stoop to the lowest
extent." (Read full court order)
Mrs Talwar was in prison when her bail was rejected; she heard about the developments through news channels. (Read: Who is Nupur Talwar?)
Her lawyers have been asking for bail on the grounds that she is a woman, has gone through significant trauma after Aarushi's death, and that she must be treated at par with her husband who has been granted bail by the Supreme Court. However, that could change on Monday - the Allahabad High Court will hear the CBI's request to cancel Mr Talwar's bail.
Judge Preeti Singh whose CBI court is handling the Aarushi case, as it's known, had issued a non-bailable warrant against Mrs Talwar earlier this month after she ignored an order to attend a hearing in person. The Supreme Court last week ordered Mrs Talwar to appear in Judge Singh's court on Monday.
In February last year, Judge Singh decided that the Talwars should be tried for murder, destruction of evidence and criminal conspiracy. The couple has appealed to the Supreme Court to over-rule this decision; the hearing for that petition will be held on Friday. But the Supreme Court has refused to suspend the Talwars' trial in Judge Singh's court while it decides on their request.
Mrs Talwar, who is a dentist like her husband, is inmate No 70 at Barrack 13, which is reserved for women prisoners. In 2008, her husband had spent two months at the same prison.
On Wednesday morning, as she waited for news on her bail application, Mrs Talwar was seen doing yoga at the prison. She also recited lines from the Gita, a copy of which she borrowed yesterday from the jail library. She was heard telling other inmates that she is innocent and wants to help other prisoners who need legal counselling or medical assistance.
The murders of 13-year-old Aarushi and Hemraj, a Nepali national, have turned into one of India's biggest unsolved mysteries. The weapons used to kill them remain missing. In the lengthy investigation, the CBI has contradicted itself several times. The Talwars have throughout argued that they are innocent, and are being framed by the CBI because it has not been able to track down the real killers.
Aarushi was found dead in her bedroom at the Talwars' apartment in May 2008. Their domestic help Hemraj was missing and became the main suspect. But hours later, his body was discovered on the Talwars' roof. Mr Talwar was then arrested. The case was transferred to the CBI after gross negligence by the Noida police. In July 2008,the CBI decided that there was not enough evidence against Mr Talwar, and he was released from prison. The CBI then arrested four men who worked for the Talwars and their neighbours. But the CBI could not find conclusive evidence against them either and they were also released from prison.
In December 2010, the CBI asked the court of Jude Singh for permission to close its investigation. The agency said it did not have enough evidence to charge anyone with the murders of Aarushi and Hemraj, but it told Judge Singh that it believes Mr Talwar is guilty. She then ordered that the Talwars would stand trial for the double murder.
Tandon is the sixth witness produced in the court
today and seven more witnesses have to be examined as per the order of the
Supreme Court in the case and for consideration of bail for Nupur Talwar, who
is an accused in the murder case along with her husband.
Tandon, who went to Talwars' house at 6.15 AM after hearing commotion, claimed that Aarushi's family had not informed the police till then and he had called the security guard, Virendra Singh, of Jalviyu Vihar Sector 25, Noida, and told him to inform the police about the murder.
Tandon also told the court that "the same day in the evening at about 4 O' clock, Umesh, driver of Rajesh Talwar came to me to take the key of my flat's terrace. Umesh said that the key of L-32 terrace has been misplaced."
He said before the court that "I asked Umesh why did he need the key of my terrace, at which he told me he wanted to throw away ice on the terrace which was brought to keep the body of Aarushi.
"I went to the terrace and opened the lock and Umesh, with some more people, kept the ice at my terrace. Umesh again came to me at 4 O? clock and asked me to open the door.
"I asked him why did he need the key again and again. Umesh told me that the mattress and bed sheet have to be kept at the terrace because they had to clean the house.
"I again went there and opened the lock. Two to three people with Umesh kept the mattress covered with bed sheet dragging.
"I again locked the door and
returned down stairs."
He also deposed before the court that "on May 17, 2008 Anita Durrani, a friend of the Talwars came to me and asked for the duplicate key of the terrace of L-32.
"I said that I did not have the duplicate key. After some time, the driver of my neighbor came to me and told that the dead body of Hemraj was found on the terrace of L-32."
He also told the court that he gave a golf stick bag to Dr. Rajesh Talwar 8 to 9 years back. He identified the bag in the court.
On the day Aarushi's murder came to light, when he went inside house, Nupur was sitting on a sofa while Rajesh was sitting in the bed room, he said.
He told the court that her mother, "while weeping, told me that Hemraj killed Aarushi and fled.
"Afterwards I entered Dr. Rajesh Talwar?s bed room where he was weeping. I tried to console him by putting my hand on his shoulders but Rajesh pushed my hands and went inside Aarushi's room.
"I also followed him to the room, where Dr Nupur Talwar was sitting near the body of Aarushi and Rajesh sat at the feet of the body. Nupur was sitting silently."
The witness stated that he asked Nupur's father whether he had called the police at which he replied that their landline is out of order and added that he would go to his house and call his son (brother of Nupur) who was living in Dubai and then he left the house of the Talwars.
The witness stated that he also returned to his house after that and called the security guard to inform the police that in house number L-32 some incident had occurred.
Supreme Court Breaks Nupur Talwar’s
Pleas:-
Ghaziabad: Nupur Talwar has asked the Supreme Court for bail after her request
was rejected by a court in Ghaziabad on the grounds that she may tamper with
evidence if she is allowed to leave prison. Mrs Talwar will continue for now as
a prisoner at the Dasna jail, where she was taken on Monday evening. The
Supreme Court is expected to take up her case on Friday along with her petition
that asks the court to cancel the murder charges against her husband Rajesh and
her.
The Talwars are accused of murdering their only child Aarushi and their domestic help Hemraj at their home in Noida, a suburb of Delhi, in 2008.
In its order refusing bail, the court said today, "If she (Nupur) is (given) bail, she may flee from justice ...She is accused of killing her own progeny...." Mrs Talwar submitted her passport to the Supreme Court months ago.
The Talwars are accused of murdering their only child Aarushi and their domestic help Hemraj at their home in Noida, a suburb of Delhi, in 2008.
In its order refusing bail, the court said today, "If she (Nupur) is (given) bail, she may flee from justice ...She is accused of killing her own progeny...." Mrs Talwar submitted her passport to the Supreme Court months ago.
Nupur |
Mrs Talwar was in prison when her bail was rejected; she heard about the developments through news channels. (Read: Who is Nupur Talwar?)
Her lawyers have been asking for bail on the grounds that she is a woman, has gone through significant trauma after Aarushi's death, and that she must be treated at par with her husband who has been granted bail by the Supreme Court. However, that could change on Monday - the Allahabad High Court will hear the CBI's request to cancel Mr Talwar's bail.
Judge Preeti Singh whose CBI court is handling the Aarushi case, as it's known, had issued a non-bailable warrant against Mrs Talwar earlier this month after she ignored an order to attend a hearing in person. The Supreme Court last week ordered Mrs Talwar to appear in Judge Singh's court on Monday.
In February last year, Judge Singh decided that the Talwars should be tried for murder, destruction of evidence and criminal conspiracy. The couple has appealed to the Supreme Court to over-rule this decision; the hearing for that petition will be held on Friday. But the Supreme Court has refused to suspend the Talwars' trial in Judge Singh's court while it decides on their request.
Mrs Talwar, who is a dentist like her husband, is inmate No 70 at Barrack 13, which is reserved for women prisoners. In 2008, her husband had spent two months at the same prison.
On Wednesday morning, as she waited for news on her bail application, Mrs Talwar was seen doing yoga at the prison. She also recited lines from the Gita, a copy of which she borrowed yesterday from the jail library. She was heard telling other inmates that she is innocent and wants to help other prisoners who need legal counselling or medical assistance.
The murders of 13-year-old Aarushi and Hemraj, a Nepali national, have turned into one of India's biggest unsolved mysteries. The weapons used to kill them remain missing. In the lengthy investigation, the CBI has contradicted itself several times. The Talwars have throughout argued that they are innocent, and are being framed by the CBI because it has not been able to track down the real killers.
Aarushi was found dead in her bedroom at the Talwars' apartment in May 2008. Their domestic help Hemraj was missing and became the main suspect. But hours later, his body was discovered on the Talwars' roof. Mr Talwar was then arrested. The case was transferred to the CBI after gross negligence by the Noida police. In July 2008,the CBI decided that there was not enough evidence against Mr Talwar, and he was released from prison. The CBI then arrested four men who worked for the Talwars and their neighbours. But the CBI could not find conclusive evidence against them either and they were also released from prison.
In December 2010, the CBI asked the court of Jude Singh for permission to close its investigation. The agency said it did not have enough evidence to charge anyone with the murders of Aarushi and Hemraj, but it told Judge Singh that it believes Mr Talwar is guilty. She then ordered that the Talwars would stand trial for the double murder.
Nupur Get No Bail |
Departing from the normal practice
of hearing review petitions in the judges' chambers, the apex court had on
March 15 decided to hear in open court the petition seeking review
of its January 6 order, in which it had cleared the decks for the trial of the dentist couple-Rajesh and Nupur Talwar -- in the murder case by dismissing their plea to quash criminal proceedings against them.
of its January 6 order, in which it had cleared the decks for the trial of the dentist couple-Rajesh and Nupur Talwar -- in the murder case by dismissing their plea to quash criminal proceedings against them.
Nupur Talwar had also filed a
fresh plea for bail in the pending petition before the apex court in which she
had sought review of its decision giving a go-ahead to criminal prosecution
against her and her husband.
Nupur Talwar had contended that
she was not asking for a clean chit in the murder case but wanted a direction
to the CBI to re-investigate the case.
Fourteen-year-old Aarushi was
found dead, with her throat slit, at her Noida residence on the intervening
night of May 15 and 16, 2008, while Hemraj's body was recovered from the
terrace of the house the next day.
Nupur Talwar is now in judicial
custody while her husband Rajesh Talwar is out on bail. The case for their
trial in the twin murder case is pending at a Ghaziabad sessions court.
In between, a non-bailable warrant
was issued by the Special CBI Court in Ghaziabad after the Allahabad high court
had withdrawn the protection given to her.
Nupur Talwar had approached the
apex court seeking bail and protection from arrest.
The apex court had on April 27
directed her to surrender on April 30 before the trial court in Ghaziabad. After
the CBI court had dismissed her plea, she was sent to judicial custody.
"Neighbour
says Talwars had taken his terrace key"
A
neighbour of Talwars on Friday told a CBI court hearing the Aarushi-Hemraj case
that he never saw the door of their terrace locked and the couple's driver had
twice come to take keys of his terrace on the day the girl's murder came to
light, saying their own key was misplaced.
Puneesh Rai Tandon, who lives on the right side of Talwars' L-32 house and was today fielded by the CBI, stated in the special CBI trial court here that he never saw the door of the terrace closed at the residential premises of the Talwars at Noida where the twin murder had taken place.
He stated the door was closed on the day of the crime.
Aarushi was found murdered on May 16, 2008 in her bedroom, while the body of Hemraj, domestic help of Rajesh and Nupur Talwar, was found the next day on the terrace.
The defense counsel in his cross examination asked the witness if he checked the terrace gate daily to which he replied in the negative.
Defence counsel Manoj Shishodia asked the witness whether he had checked the terrace door on 14 May and 15 May 2008, to which Tandon said no.
Puneesh Rai Tandon, who lives on the right side of Talwars' L-32 house and was today fielded by the CBI, stated in the special CBI trial court here that he never saw the door of the terrace closed at the residential premises of the Talwars at Noida where the twin murder had taken place.
He stated the door was closed on the day of the crime.
Aarushi was found murdered on May 16, 2008 in her bedroom, while the body of Hemraj, domestic help of Rajesh and Nupur Talwar, was found the next day on the terrace.
The defense counsel in his cross examination asked the witness if he checked the terrace gate daily to which he replied in the negative.
Defence counsel Manoj Shishodia asked the witness whether he had checked the terrace door on 14 May and 15 May 2008, to which Tandon said no.
Tandon, who went to Talwars' house at 6.15 AM after hearing commotion, claimed that Aarushi's family had not informed the police till then and he had called the security guard, Virendra Singh, of Jalviyu Vihar Sector 25, Noida, and told him to inform the police about the murder.
Tandon also told the court that "the same day in the evening at about 4 O' clock, Umesh, driver of Rajesh Talwar came to me to take the key of my flat's terrace. Umesh said that the key of L-32 terrace has been misplaced."
He said before the court that "I asked Umesh why did he need the key of my terrace, at which he told me he wanted to throw away ice on the terrace which was brought to keep the body of Aarushi.
"I went to the terrace and opened the lock and Umesh, with some more people, kept the ice at my terrace. Umesh again came to me at 4 O? clock and asked me to open the door.
"I asked him why did he need the key again and again. Umesh told me that the mattress and bed sheet have to be kept at the terrace because they had to clean the house.
"I again went there and opened the lock. Two to three people with Umesh kept the mattress covered with bed sheet dragging.
Nupur Talwar Latest News |
He also deposed before the court that "on May 17, 2008 Anita Durrani, a friend of the Talwars came to me and asked for the duplicate key of the terrace of L-32.
"I said that I did not have the duplicate key. After some time, the driver of my neighbor came to me and told that the dead body of Hemraj was found on the terrace of L-32."
He also told the court that he gave a golf stick bag to Dr. Rajesh Talwar 8 to 9 years back. He identified the bag in the court.
On the day Aarushi's murder came to light, when he went inside house, Nupur was sitting on a sofa while Rajesh was sitting in the bed room, he said.
He told the court that her mother, "while weeping, told me that Hemraj killed Aarushi and fled.
"Afterwards I entered Dr. Rajesh Talwar?s bed room where he was weeping. I tried to console him by putting my hand on his shoulders but Rajesh pushed my hands and went inside Aarushi's room.
"I also followed him to the room, where Dr Nupur Talwar was sitting near the body of Aarushi and Rajesh sat at the feet of the body. Nupur was sitting silently."
The witness stated that he asked Nupur's father whether he had called the police at which he replied that their landline is out of order and added that he would go to his house and call his son (brother of Nupur) who was living in Dubai and then he left the house of the Talwars.
The witness stated that he also returned to his house after that and called the security guard to inform the police that in house number L-32 some incident had occurred.
Talwars did not call
police: Neighbour
The neighbour of Dr
Rajesh and Nupur Talwar, Punish Rai Tandon, deposed in the Aarushi-Hemraj murder case on
Friday. He informed the court that "he was the one who had called the
police" and that "he had never seen the terrace door locked
before".
"When I went to Talwar's house on the morning of May 16, I asked Nupur Talwar's father if police had been informed about Aarushi's murder. He said he would go home and call his son in Dubai first and then call the police," said Tandon.
"When I opened my front door at 6.15 am, I heard people crying in the vicinity. Neighbours told me the noise was coming from L-32, Talwars' residence, which was one floor above. I went up, and saw Rajesh Talwar's mother in law sitting on the sofa. She told me that Hemraj had murdered Aarushi and run away. Rajesh was sitting is his own bedroom and crying as well. His father-in-law was in the same room. When I asked him (father-in-law) if the police had been informed, he said the landline of the house was not working and he would go home first, call up his son in Dubai and then call the police. I went home and called the guard of the colony and asked him to contact the police," he said.
CBI says his testimony proves the Talwars were not interested in calling the police. The CBI also discarded the theory of the landline not working, saying that mobile phones were functioning.
Tandon added that "In my memory, I had never seen the terrace door of L-32 locked before". On May 17, police had to break open this door which is how they found Hemraj's body.
The defence cross-examined Tandon, showing photographs of the stairs in the house going towards the terrace on which Tandon had said there were bloodstains. "CBI claims there were bloodstains going upwards, implying that Hemraj's body was dragged to the terrace. However, the blood spilling from the mattress was the reason for that. It could have happened when police dragged Hemraj's body downstairs while taking it away," claimed the defence.
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"When I went to Talwar's house on the morning of May 16, I asked Nupur Talwar's father if police had been informed about Aarushi's murder. He said he would go home and call his son in Dubai first and then call the police," said Tandon.
"When I opened my front door at 6.15 am, I heard people crying in the vicinity. Neighbours told me the noise was coming from L-32, Talwars' residence, which was one floor above. I went up, and saw Rajesh Talwar's mother in law sitting on the sofa. She told me that Hemraj had murdered Aarushi and run away. Rajesh was sitting is his own bedroom and crying as well. His father-in-law was in the same room. When I asked him (father-in-law) if the police had been informed, he said the landline of the house was not working and he would go home first, call up his son in Dubai and then call the police. I went home and called the guard of the colony and asked him to contact the police," he said.
CBI says his testimony proves the Talwars were not interested in calling the police. The CBI also discarded the theory of the landline not working, saying that mobile phones were functioning.
Tandon added that "In my memory, I had never seen the terrace door of L-32 locked before". On May 17, police had to break open this door which is how they found Hemraj's body.
The defence cross-examined Tandon, showing photographs of the stairs in the house going towards the terrace on which Tandon had said there were bloodstains. "CBI claims there were bloodstains going upwards, implying that Hemraj's body was dragged to the terrace. However, the blood spilling from the mattress was the reason for that. It could have happened when police dragged Hemraj's body downstairs while taking it away," claimed the defence.
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