A three-judge bench headed by the Chief Justice of India Dipak Misra and comprising Justices A M Khanwilkar and D Y Chandrachud will hear on Monday two petitions demanding independent probe into the death of CBI Special Judge B H Loya.
The supplementary cause list of the court which was put out on Saturday shows the two petitions numbered as item numbers 45 and 45.1.
On Friday, the Court had decided to assign the two petitions for hearing as per the court roster. The petitions were mentioned before a bench headed by the Chief Justice of India which ordered, “on mentioning, the matter is taken on Board. List the matters on January 22, 2018, before the appropriate Bench as per the roster”.
Earlier on January 16, the matter was heard by a two-judge bench of Justices Arun Mishra and Mohan M Shantanagoudar which adjourned the matter by a week without fixing any date to hear it. The written order which came out late in the evening showed that the judges had also ordered that the matters be “put up before the appropriate bench.”
This raised doubts whether the judges had recused from hearing the matter. Four senior Supreme Court judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — had in a press conference last week cited the assignment of the Loya case as one of the reasons for their differences with the CJI.
The two petitions have been filed by Maharashtra-based journalist B R Lone and activist Tehseen Poonavala. The two-judge bench headed by Justice Arun Mishra had asked the Maharashtra government to hand over materials regarding the case to the petitioners saying, “It is a matter where they (the petitioners) should see everything.”