NEW DELHI: A special CBI court has ordered the trial of Aarushi’s parents Rajesh and Nupur Talwar for her murder after rejecting the closure report filed by the Central Bureau of Investigation. Aarushi’s parents have been asked to appear in the court on February 28. The order of CBI Special Magistrate Preeti Singh in Ghaziabad on Wednesday finally paves the way for a trial in the sensational case. The trial of the Talwars will be held under Sections 120B (criminal conspiracy), 302 (murder), 201 (disappearance of evidence of offence) and 34 (criminal acts by several people) of the Indian Penal Code. Aarushi, 14, was found murdered under mysterious circumstances in her Jalvayu Vihar Apartment in Noida on May 16, 2008. Their domestic help Hemraj was initially suspected for the killing, but his body was found on the flat's terrace a day later.
Talwar was arrested soon after the murders but released when investigators could not find evidence to nail him.
CBI had on December 29, 2010, filed a report for closing the case, saying that Rajesh Talwar was the sole suspect in the case but there was no conclusive evidence against him. Talwar contested this and asked for a copy of the closure report but his request was denied.
Talwar had also submitted a 90-page rebuttal against the closure report. Nupur said: "It is a very unfortunate judgement. We will challenge this judgement in the superior court. The court has not looked into our 90-page protest petition." Talwars' lawyer Rebecca John said the family was shocked after the order. "We will challenge the order and go to a higher court. We were surprised by the CBI closure report as it was full of such gaping holes," she said.
"We are definitely taken aback by the order. Nothing can justify the summoning of Rajesh Talwar (for the next hearing ) but having done it, we will go to higher court challenging the order," she added. Raising a question on the investigative agency, John said: "This was the present team which is saying it. CBI, about a year-and-a-half back, said a completely different thing. They hid the investigation done by the previous team of CBI."
