Aarushi-Hemraj murder: SC notice to Talwar couple on plea against acquittal
New Delhi: The Supreme Court on Monday issued notice to Rajesh and Nupur Talwar on a plea challenging their acquittal in the Aarushi-Hemraj double murder case by the Allahabad High Court.
The plea was filed by Khumkala Banjade, the widow of Hemraj, who was the Talwars' domestic help.
While issuing notice to Talwars, the bench of Justice Ranjan Gogoi and Justice R. Banumathi also granted leave in the matter which puts the appeal in the queue of the cases and may take long before it is actually heard by the court.
The court also granted leave in the appeal filed by the Central Bureau of Investigation as its counsel told the bench that the investigating agency too has moved the court against Allahabad High Court verdict and its petition was pending.
On October 12 last year, a High Court bench of Justice B.K. Narayana and Justice A.K. Mishra acquitted the couple by giving them the benefit of doubt.
Aarushi, 14, and Hemraj were found murdered at the Talwars' Jalvayu Vihar home in Noida on May 16, 2008.
The High Court's order came on an appeal by the Talwars against a Ghaziabad CBI court's November 26, 2013 order sentencing them to life imprisonment, bringing an end to the couple's nine-year ordeal.
After Aarushi was found murdered in her bedroom, Hemraj was initially considered a suspect. However, his body too was found in a pool of blood a day later on the terrace of the house.
The High Court, while acquitting the Talwars, had made comments on the CBI trial court judge, saying he had adopted a "partial and parochial approach" in his 2013 judgment to convict the parents for the double murder.
It said the trial court's judgment was based on "creation of fanciful reasoning" and "presuming facts with indomitable obstinacy and taking things for granted, and thus basing the conclusion on unfounded evidence".
The Uttar Pradesh Police had accused Rajesh Talwar on May 23, 2008 of killing his daughter in a fit of rage.
On May 31, 2008, the CBI took over the case and initially absolved the parents but later held them responsible for the two murders.
On June 13, 2008, the CBI arrested Rajesh Talwar's compounder Krishna. Ten days later, Raj Kumar, a servant of a doctor friend of the Talwars, and Vijay Mandal, the domestic help of the Talwars' neighbour, were also arrested. The three were later freed after no evidence was found against them.
The CBI had filed a closure report in the case in December 2010 but the special CBI court had rejected it.
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Allahabad HC dismisses petition seeking permission to mount loudspeaker on mosque
Prayagraj, Jan 24 (PTI): The Allahabad High Court on Wednesday dismissed a writ petition seeking direction to the state authorities to permit the mounting of loudspeakers on a Masjid.
The court observed that the religious places were for offering prayers, therefore the use of loudspeakers was not a matter of right.
Dismissing the writ petition filed by Pilibhit-resident Mukhtiyar Ahmad, a two judge-bench, comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh, observed, "Religious places are for offering prayers to the divinity and use of loudspeakers cannot be claimed as a matter of right, particularly when often such use of loudspeakers create nuisance for the residents".
At the outset, the state counsel objected to the maintainability of the writ on the grounds that the petitioner was neither a mutawalli, nor did the mosque belong to him.
The court also noted that the petitioner did not have locus to file the writ petition.
The term 'locus' is a legal concept that refers to the right of a person or entity to participate in a legal proceeding or bring a lawsuit.
