Rajesh and Nupur Talwar have been adopting dilatory tactics to prolong the trial against them in twin murder case of their daughter Aarushi and servant Hemraj, the Supreme Court said on Tuesday, rejecting their plea for reports of polygraph, narco analysis and brain-mapping tests of their three helpers who were the initial accused in the case.
A bench of justices B S Chauhan and S A Bobde raised question on the dentist couple’s move to file various applications in the trial court at different stages of proceedings and said that they are adopting delaying tactics by approaching the apex court two months after their plea was dismissed by the Allahabad High Court.
“Thus, from the afore-stated facts, it is evident that petitioners have been adopting dilatory tactics on every moment. The impugned order was passed on July 19. This petition was filed after about two months,” the bench said, adding, “we find no merit in the contention on behalf of the petitioners that they could not have approached this Court earlier”.
“We make this observation in the background of the observation of the High Court that even the initial applications were made at a stage where the prosecution evidence had been concluded and the defence had entered and almost concluded its evidence,” it said.
The bench noted that the Talwars had participated in the examination and cross-examination of two witnesses without raising any objection that the reports and documents have not been supplied to them.
It said that criminal courts are not obliged to accede to the request made by any party to entertain and allow application for additional evidence.
“It is also pertinent to mention here that the learned trial Judge who has been conducting the trial is likely to retire very soon,” the bench said while dismissing their plea.
