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 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.