Additional Solicitor General Haren Raval, appearing for the agency, submitted before a bench headed by Justice B S Chauhan, that there were "some hidden motives" behind filing of the plea. He hinted that the petition for transfer of the case might have been filed as section 438 of the Criminal Procedure Code (relating to anticipatory bail) is not applicable in Uttar Pradesh [ Images ].
The bench after hearing his arguments asked him to file the response of the CBI by Thursday and listed the matter for further hearing on February 27.
The court had on February 3 sought the CBI's response on the plea of the Talwar couple for transferring the trial relating to the murders of their daughter Aarushi and domestic help Hemraj from Ghaziabad to Delhi.
The apex court had given the agency four weeks to file their reply, after the couple had claimed that most of the witnesses were Delhi-based and that the atmosphere in the Ghaziabad court was hostile since Rajesh Talwar was the victims of a knife attack in January last year.
On January 6, the apex court had cleared the decks for the couple's trial in the murder case by 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 of taking cognisance of the charge sheet summoning them.
Fourteen-year-old Aarushi, the only daughter of the Talwars, was found dead at the family's Noida residence on the intervening night of May 15-16, 2008. The body of their servant, Hemraj, was found the next day on the terrace.
The investigation in the case was initially carried out by Uttar Pradesh police which had arrested Rajesh Talwar on May 23, 2008. The probe was subsequently handed over to the CBI on May 29, 2008 and Rajesh Talwar was granted bail by the Ghaziabad court on July 11, 2008.
The agency, after probing the murder for over two-and-a-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 court had, however, rejected the agency's closure report, holding that there was enough prima facie material in the CBI's report to put the couple on trial and had issued summons to them.
The magistrate had taken cognisance of the case and summoned the Talwars on February 9, 2011.
The Talwars had subsequently moved the Allahabad high court, which had dismissed their plea to quash the court summons and the proceedings initiated against them. They had then approached the apex court, which had on March 19 last year stayed the trial against them.