A bench of Justices BS Chauhan and Dipak Misra also took strong exception to the Talwars directly challenging the trial court´s order before it and asked them to approach the high court.[break]
"We don´t intend to touch such matters. It´s a wrong procedure to approach the Supreme Court directly," the bench was quoted as saying by local media here.
With today´s order, the trial court can go ahead and record the statements of the Talwar couple, who are facing trial in the murder case of their teenaged daughter Aarushi and domestic help Hemraj, a Nepali national.
The couple had approached the apex court challenging the order of the special CBI court which rejected their plea for the summoning of 14 additional witnesses, including the ADG (Law and Order) and then CBI joint director Arun Kumar, to record their statements.
The trial court had dismissed their plea and ordered the recording of statements of the Talwar couple, who are the main accused.
The CBI case is that the murder of 14-year-old Aarushi and Hemraj five years ago was carried out by the girl´s parents and no outsider was involved.
Aarushi was found dead in her bedroom on May 16, 2008 with her throat slit. The initial suspicion fell on Hemraj, whose body was later found on the terrace of their residence in Jalvayu Vihar, Noida. Hemraj also was found with his throat slit.
Some Nepali workers were initially wrongly suspected of the crime by the CBI. Lie detector tests including polygraph test and narco analysis were also conducted on various suspects including Kishan, the Nepali compounder of Dr. Rajesh Talwar, Vijay Mandal, the domestic help of a neighbour of the Talwars´, and Rajkumar, another Nepali domestic help working for friends of the Talwars.
Rajkumar was subjected to a polygraph test, psychological assessment, brain mapping and narco analysis twice.
On March 25, 2011, Hemraj´s widow filed an application at Ghaziabad Court, claiming the Talwars killed him and Aarushi.
Last month, the CBI told Ghaziabad Court that Aarushi and Hemraj were killed by the Talwars and no outsider was present at the time of the crime.
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