The names of 14 witnesses were dropped before their statements could be recorded by a special Central Bureau of Investigation court holding trial in the Aarushi Talwar-Hemraj double murder case.
While declining to entertain the plea by the Talwars, the apex court bench of Justice B.S. Chauhan and Justice Dipak Misra said, "We cannot compel the CBI or the prosecuting agency to examine certain witnesses. It is absolutely their prerogative."
As Rajiv Nanda, counsel for the Talwars, pressed for the plea to be admitted, the court said, "When your turn comes, you can call them as defence witnesses. There is no law that prohibits you from doing that. There is no need to hurry."
As counsel Nanda tried to take the court into the details of the Talwars' house where the double murder took place, the court said, "We are not here for a mini-trial and issue a certificate to you. We are only concerned with your plea challenging the high court order."
Earlier last week, the Allahabad High Court dismissed the Talwars' plea seeking directions to the CBI to examine witnesses that the agency had chosen to drop.
Aarushi, 14, was found brutally murdered in the Talwars' Noida residence May 16, 2008. The body of Hemraj, who was first suspected to be the girl's killer, was found the next day on the terrace of the house.