The special Central Bureau of Investigation court's order to prosecute dentist Nupur Talwar in the twin murder case of her daughter Aarushi and domestic help Hemraj has faced flak from the Supreme Court, which has said the magistrate should have been more careful in passing her judgment.
A bench of justices A K Patnaik and J S Khehar raised questions on some of the findings of the magistrate, on the basis of which Nupur Talwar was summoned to face trial.
"The problem is that the magistrate has made it such a big thing. The magistrate has to be careful while passing orders. Even I revise my judgments five times so that it does not affect anyone and ensure the language of my order is not harsh," the bench said.
"Look how the magistrate has dealt with the issue. Less the magistrate had said, better it would have been," the bench observed. It also asked the CBI to explain on what basis the trial court came to the conclusion that some external element was found in Aarushi's private part.
The bench asked the investigative agency to explain about it on Friday during further hearing of the case.
"If it is correct, it is serious but if it is not correct, it is more serious," the bench said, adding, "how did the judge came to the conclusion that the white fluid came from outside."
At the outset of proceedings, senior advocate Harish Salve, appearing for Nupur, 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.
Aarushi, 14, 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 mother is presently in judicial custody while her father Rajesh Talwar is out on bail. The two are slated to face trial from May 11 in a Ghaziabad sessions court in the twin murder case.
On Wednesday, the bench had termed as "premature" the arguments of Nupur Talwar for quashing of proceedings against her on the basis of alleged lacunae in evidence in the twin murder case.