New Delhi, Feb 9: With a special CBI court summoning dentist couple Rajesh and Nupur Talwar as accused in the murder of their daughter Aarushi, the ball appears set to roll for trial in the case.
The Talwars, who were opposing CBI's closure report and seeking fresh investigation into the case, will now appear as accused as the special court considered as sufficient the findings of the agency to proceed with their trial.
The couple would now be provided with the copies of the closure report by the agency in the court on February 28, the next date of hearing.
The special magisterial court, after completing the procedural formalities, will remand the case to a sessions court for framing of charges and subsequent trial of Talwars in the two-year-old case.
Responding to the turn of events, senior advocate K T S Tulsi said "This is the correct order as there was overwhelming circumstantial evidence in the closure report against the Talwar couple. Now, the trial would begin after the commission of the case to a sessions court."
"The court's order was on expected lines", Tulsi said.
Pinki Anand, a senior lawyer, echoed similar views saying "she was not surprised about the court's order. You have a situation where circumstantial evidence is being construed sufficient to give an indictment or conviction."
Former DGP of UP, Vikram Singh, claimed that the CJM's order today has vindicated the probe conducted by the state police in the case.
"I would just reiterate that our investigation was always very professional with due emphasis on evidence and its evaluation, logistics ...you will get to know the truth very soon."
Elaborating the legal procedures, Prem Kumar, a former CBI judge, who is now practicing as lawyer, said judges have to take decisions on their own and they are not there to endorse agencies' reports.
"The courts are not post offices. The judges are required to use their independent mind to arrive at just decisions. In this case, the judge did not agree with the closure report and issued summons to the accused," he said.
Senior advocate K K Sud said re-investigation of a case was not a "condition precedent" to reject a closure report.
The contents of the same report could enable the judges to form an opinion which is against the findings of the investigating agency, he said.
"After receiving a probe report, the magistrate has three options, first is to order re-investigation. Secondly, the judge may take cognizance of the offence after rejecting closure report and thirdly, he may accept the chargesheet and allow the case to get closed," Sud said.
The CBI may also seek cancellation of bail granted to Rajesh Talwar on the ground that the court has treated him him and as an accused in the case, the experts say.
The dentist couple have been made accused under sections 302 (murder), 201 (destruction of evidence) and section 34 (acts done by several persons in furtherance of common intention) of the IPC.
14-year-old Aarushi was found murdered at her residence in Noida in 2008. The body of the family's domestic help Hemraj was found on the terrace of the house a day later. PTI