An apex court bench of Justice A.K. Patnaik and Justice J.S. Khehar issued notice after senior counsel Mukul Rohatgi contended that Nupur Talwar had been in custody for the last thee months and there was no reason for her continued incarceration.
Rohatgi told the court that Nupur Talwar had challenged the closure report filed by the Central Bureau of Investigation (CBI) in the twin murders and this made it evident that she had no intention to sweep under the carpet anything relating to the crime.
"There is no reason (for her) to be kept in (jail) unless it is seen as a punishment. She is already in for three months," Rohtagi told the court.
The senior counsel told the court that Nupur Talwar's passport was with the trial court, thus, she won't run away.
Nupur Talwar has challenged the May 31 Allahabad High Court order rejecting her plea for bail. She was taken into custody April 30 and is lodged in Dasna jail in Ghaziabad district since then.
A CBI special court framed charges against the Aarushi's parents and dentist couple Rajesh and Nupur Talwar in the double murder case.
A CBI court charged the Talwars under sections 302/34 (murder with common intention) and 201 (destruction of evidence with common intention) of the Indian Penal Code (IPC).
In addition, the court charged Rajesh Talwar under section 203 (giving false information in respect of an offence committed) of the IPC.
Aarushi, 14, was found murdered at her parents' Noida residence May 16, 2008. The body of the family's domestic help Hemraj was found the next day on the terrace of the house.
The apex court would next hear the case Aug 6.