The Uttar Pradesh police have filed a counter affidavit in Supreme Court against Dr Rajesh and Dr Nupur Talwar's plea to shift the trial of the Aarushi-Hemraj murder case from Ghaziabad to Delhi.
Aarushi's parents had filed a transfer petition with the Supreme Court and requested the case to be transferred to Delhi, citing safety and security concerns after Dr Rajesh Talwar was attacked in January last year.
The case is currently under hearing at a Central Bureau of Investigation (CBI) Special Magistrate court in Ghaziabad and waiting for a trail after Aarushi's parents Dr Rajesh and Dr Nupur Talwar were ordered by the Supreme Court to appear before the Ghaziabad CBI court.
Ghaziabad senior superintendent of police (SSP) Raghubir Lal confirmed that his department has filed a counter affidavit in the Supreme Court and have also opposed the case transfer to Delhi.
On January 25 last year, Dr Rajesh was attacked by Utsav Sharma inside the Ghaziabad District and Session Court complex. Sharma was booked for attempt to murder and also under the provision of the Arms Act after an FIR was lodged. He was later granted bail by the Allahabad High Court on March 14, 2011.
Sharma had previously attacked former Haryana DGP SPS Rathore in Chandigarh. He is stated to be suffering from bi-polar disorder.
In their affidavit, the Ghaziabad Police had cited the attack on Dr Rajesh as 'one solitary case' and stated that he never raised the issue of his safety with the local police and the administration.
The police have also raised points that there is no provision of anticipatory bail in Uttar Pradesh under Section 438 of the CrPC (Criminal Procedure Code) and the sole purpose of case transfer was to procure an anticipatory bail.
"We have also submitted Utsav Sharma's medical reports while he was examined by doctors inside Dasna prison in Ghaziabad. We have strengthened Dr Rajesh's security and will provide him full cover while he appears for hearings here," SSP added.
Even the CBI has opposed the case transfer to Delhi. Talwars' transfer petition is currently pending with the Supreme Court.