NEW DELHI: The Supreme Court today refused to stay dentist Nupur Talwar's trial in the twin murder case of her daughter Aarushi and domestic aide Hemraj but issued notice to the CBI on her plea for review of its order for her prosecution in the case.
A bench of justices A K Patnaik and J S Khehar asked the investigating agency to file its response within four weeks on Nupur's review petition.
In a rare step, the apex court had on March 15, decided to hear in open court Nupur's plea against its decision of giving green signal for her prosecution in the case. Her husband, Rajesh Talwar, however, has not filed any review petition.
A bench normally hears a plea for review of its order in its chamber but it had accepted Nupur's plea plea for an open court hearing.
Nupur had moved the apex court seeking review of its January 6 order, which had cleared the decks for Noida-based dentist couple's trial in the murder case, dismissing their plea to quash criminal proceedings against them.
The bench had refused to interfere with the lower court's order, saying there was nothing wrong in the magistrate's order, taking cognisance of the charge sheet and summoning them.
Fourteen-year-old Aarushi, Talwars' sole daughter, had been found dead at the family's Noida residence on the night intervening May 15 and 16, 2008.
The body of their servant Hemraj was found next day on the terrace. The investigation in the case was initially carried out by the Uttar Pradesh Police which had arrested Rajesh Talwar on May 23, 2008.
The probe was handed over to the CBI on May 29, 2008 while Rajesh Talwar was granted bail by the Ghaziabad court on July 11, 2008.
The CBI, after probing the murder for over two and half years, had filed its closure report in the case in the Ghaziabad Special CBI court, saying it had been unable to find evidence to prosecute the Talwars.
The Ghaziabad trial court had, however, rejected the CBI closure report, saying there was enough prima facie material in CBI's report to put the couple on trial and had issued summons to them.