Judge Loya death ‘serious’, SC seeks Maharashtra view on probe

“The matter is very serious. It should not be heard ex-parte, but bi-parte,” the bench said. It said it also wants to see postmortem report of the judge’s death.

By: Express News Service | New Delhi | Updated: January 13, 2018 7:19 am
Justice BH Loya, Justice BH Loya death, Amit Shah, Justice AP Shah, CBI judge Loya, Justice Loya murder, Justice Loya controversy, fake encounter case Amit Shah, Sohrabuddin Sheikh case Judge Loya had died on December 1, 2014, in Nagpur, where he had gone to attend the wedding of a colleague’s daughter.

THE SUPREME Court on Friday sought the Maharashtra government’s views on the plea for an independent probe into the death of Special CBI Judge B H Loya, who was hearing the Sohrabuddin Sheikh encounter case.

The bench of Justices Arun Mishra and M Shantanagoudar, before whom the petitions came up, sought to know whether the state was represented in the matter. When told no, the court said it wanted to hear the state government too.

“The matter is very serious. It should not be heard ex-parte, but bi-parte,” the bench said. It said it also wants to see postmortem report of the judge’s death.

As soon as the bench took up the petitions — filed by B R Lone, a Maharashtra-based journalist, and activist Tehseen Poonawala — senior advocates Dushyant Dave and Indira Jaising urged the court not to hear the matter, as a similar plea was already pending in Mumbai High Court. The apex court hearing it will have an impact on the case pending in HC, Dave said.

The court did not entertain the submission and said, “We will not come in the way.”

Both petitions were mentioned before a bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud on Thursday. The court agreed to hear it on Friday itself and marked it to the bench of Justices Arun Mishra and Shantanagoudar.

Loya had died on December 1, 2014, in Nagpur, where he had gone to attend the wedding of a colleague’s daughter.

Poonawala, in his plea, contended that circumstances revolving around the death of the judge were “questionable, mysterious and contradicting”.

“It is the submission of the petitioner that the judges are bestowed with the duty to protect the Constitution and uphold the majesty of rule of law. The judiciary, if not protected, may be unable to fulfil its duty towards public at large,” the petitioner said. “In cases where prima facie material is available to investigate, it is absolutely necessary to order an inquiry.”

The issue came under the spotlight in November last year after a report in Caravan magazine linked the circumstances surrounding Loya’s death to the trial in Sohrabuddin case.

A PIL seeking probe into the death was also filed before Bombay High Court on January 8 by Bombay Lawyers’ Association.

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  1. Viswanath Shastry
    Jan 14, 2018 at 8:07 pm
    Thanks to the English Language. INDIAN JUDICIARY has of late become PREJUDICIARY. Intolerance has crept in this Ins ution. All this is, is it due to Macaulay's System of Education ? .Prejudicial Judiciary is a threat to DEMOCRACY.
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    1. Suraj Yadav
      Jan 13, 2018 at 8:08 am
      'they say, blood will have blood.' ~Macbeth.
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      1. harun hafeez
        Jan 13, 2018 at 7:31 am
        What the charges against the CJI in this Judge Lohiya death is that when ever a PIL is filed before the SC when a pe ion is pending in a HC.The PIL is dismissed citing the case is being heard in the HC and the pe ioner can make submissions in the HC.This has been the way things have been done.But in this case the hearing in the HC was stayed and all matters realting to the case were transferred to the SC.Which was fist heard by the CJI who then went on to allot the case to a bench comprising of Junior Most lawyers and whoose connections are well known.Why the CJI Choose to stay the HC Hearing and why the sensitive case were the death of a Judge is under Questin does not require a Senior bench to hear it out ,remains a mystery and if at all there are reasons behind it is best known to God.But Per Se given the conventions followed it is intriguing.Let the whole truth behind the death of the CBI Judge come out.We want the Judge to get Justice.
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        1. Viswanath Shastry
          Jan 14, 2018 at 8:12 pm
          Taking this Logic, let us investigate the Killing of M.K.Gandhi, Netaji Shbhas Cahndra Bose, Deandayal Upadhya, J.P. Narayan our Beloved Sri Lal Bhadur Shastry. Also not to be left behind, Sikh massacre in Delhi, Godhra Train Burning, also Rajiv Gsndhi's Killing.
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