"This is not the stage to argue on the evidence. If you argue on it then we will have to draw a conclusion on it, which might be dangerous for you. It is too premature to argue. These things have to be decided by the trial court on the basis of cross examination," a bench of justices A K Patnaik and J S Khehar said. "If we take a call on it and come to a certain conclusion then everything would be over."
"You cross-examine the persons who appear in the case during trial and then say it's nonsense. But we cannot examine all those things," the bench said during the hearing which saw the Central Bureau of Investigation bringing a new advocate in place of Additional Solicitor General Harin Raval, who had an exchange of sharp remarks with Justice Patnaik during the last hearing over the scope of hearing in the review petition.
At the outset, the bench wanted to know about Raval, who was not present in the courtroom. Senior advocate Siddharth Luthra informed the bench that he would be representing the investigating agency in the case.
He was told by the bench in clear term that it would hear the case within the parameters of review petition. "We are not trial court or magistrate. We want to hear the case with a parameter of review petition. We want to see whether there has been application of mind by the magistrate while passing the order and whether all the relevant documents and statement of witness were considered by the magistrate or not," the bench said.
The apex court bench said this court's interference is required if it is found that there was no application of mind and various pieces of evidence were not properly appreciated by the magistrate.
During the hearing, Salve submitted that the CBI's closure report in the twin murder case was "designed for re-opening" the case to prosecute the mother. The bench, however, was not impressed with his arguments and said, "It is not a case of mother and father but about an accused. We would go by the law."
Nupur, facing trial in the twin-murder case, urged the Supreme Court to quash the proceedings against them and sought further probe into the case to find out the real culprit. She said the special CBI court erred in taking cognisance of the murders against her and her husband Rajesh Talwar and discharging another accused Krishna from whose pillow the blood stains of Hemraj had been found.
Fourteen-year-old Aarushi was found dead with her throat slit at her Noida residence on the night intervening May 15 and 16, 2008, while Hemraj's body was recovered from the terrace of the house the next day.
Aarushi's father Rajesh Talwar is out on bail. Her parents are slated to face trial from May 11 in a Ghaziabad sessions court in the twin murder case.