A CBI court in Ghaziabad on Monday allowed the Talwar couple access to some of the case documents related to the murders of Aarushi and Hemraj.
The court, however, refused to hand over police statements and narco-analysis reports of the domestic helps who were regarded as suspects during the initial stages of investigation.
Rajesh Talwar and his wife Nupur were shown several documents on March 14 and April 30.
The couple had demanded to see several more documents, including certain forensic reports, Internet bills and session logs, call details of five cell phones, statements of several witnesses, narco-analysis reports of domestic helps Krishna Thadarai and Raj Kumar and 23 photographs of the crime scene.
The Talwars had demanded to see the documents before the CBI special magistrate and also before the court of the CBI special judge in previous hearings.
CBI special judge S Lal on Monday said the list of witnesses could not be supplied to the Talwars as the probe agency had not examined them under Section 161 of the Criminal Procedure Code (statements before police). The witnesses included forensic experts and officers of the Uttar Pradesh police who initially investigated the case.
Citing a previous Constitution bench judgment, the court also refused to hand over CrPC 161 statements of Krishna Thadarai, stating that he was not proposed to be examined. Likewise, the court also declined the handing over of narco-analysis reports of both Krishna and Raj Kumar.
The CBI's senior public prosecutor, RK Saini, maintained that the reports are not being relied upon and cannot be used as evidence.
However, on the court's direction, the CBI handed over the CrPC 161 statements of the case's first investigating officer, Dataram Nanoria.
The court directed the CBI to open sealed CDs and certain forensic reports in its presence on May 15. It also allowed certain other reports to be handed over to the Talwars.
The court fixed next round of hearing to be held on May 16, exactly four years after the double murders. Arguments on framing of charges will come up before the start of trial.