A bench of justices B S Chauhan and Dipak Misra said CBI cannot be compelled to summon all its witnesses in the case and the couple can file an application for examining those witnesses including ADG (Law and Order) of Uttar Pradesh and then CBI Joint Director Arun Kumar.
"How can you compel the other party. Law permits you to examine those witnesses," the bench said.
"Why are you in hurry. Recording of your statement is going on. After that you try to examine them," the court said.
The Talwars had moved the apex court challenging the Allahabad high court order refusing their plea to summon 14 witnesses in the case.
The trial court had dismissed their petition on May 6 and ordered recording of statements of Rajesh and Nupur, who are the main accused. The statement of CBI Investigating Officer AGL Kaul, the last prosecution witness, has already been recorded.
The CBI case is that the murder of 14-year-old Aarushi five years ago was carried out by her parents and that no outsider was present.
In his deposition before the special court, Kaul, who headed the CBI probe, had submitted that the agency's investigation had revealed no evidence of any third person's entry into the Talwar residence.
Aarushi was found dead with her throat slit in her bedroom on May 16, 2008. The initial suspicion went on Hemraj whose body was later found in the terrace at their residence in Jalvayu Vihar in Noida on the outskirts of Delhi.
Allahabad HC rejects Talwars' plea to examine witnesses
Aarushi case: SC pulls up Talwars for calling 14 witnesses
Are they the 'future of Bihar'?
SC agrees to hear PIL challenging appointment of new CAG
SC asks BCCI to bring errant elements to book