SC asks Maharashtra government to share Judge Loya documents with petitioners seeking probe


New Delhi, Jan 16 (IANS): The Supreme Court on Tuesday directed the Maharashtra government to share all the documents relating to the death of Special CBI Judge B.H. Loya with the petitioners seeking independent probe and adjourned the matter for seven days.

"This is a matter, they must get everything. There should not be any confidentiality," said the bench of Justice Arun Mishra and Justice Mohan M. Shantanagoudar asking senior counsel Harish Salve to share the documents with the petitioners.

Social activists T. Poonawala and Mumbai journalist Bandhuraj Sambhaji Lone have moved the top court seeking independent probe into the death of Judge Loya.

As Salve appearing for Maharashtra government told the court to have a look at the documents that were in a sealed cover, Justice Mishra said "Exchange the copy with them (petitioners). And we adjourn the matter for seven days."

As Salve said that he had himself not seen the documents sent by Maharashtra government, the bench told him to go through the documents and if he finds some are sensitive, then he can hold them back.

Justice Mishra said, "Unless there is something, there should not be any confidentiality. Normally there should not be any objection in sharing the documents."

Salve said that he has a spare copy which he can share with senior counsel Pallav Sisodia - appearing for the petitioner - but he should keep it to himself.

The death of Judge Loya has raised a storm as presiding over the special CBI court he held the trial in the Sohrabuddin Shaikh fake encounter case in which BJP president Amit Shah is one of the accused. Shah was later discharged in the case.

 

  

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Comment on this article

  • Kevin, Mangalore

    Wed, Jan 17 2018

    BJP rose to power over a lot of dead bodies.

    DisAgree Agree [1] Reply Report Abuse

  • SMR, Karkala

    Tue, Jan 16 2018

    On December 1, 2014, the family members of Loya received calls informing them that the 48-year-old judge had died after suffering a massive cardiac arrest. The CBI’s failure to appeal was considered highly unusual given the fact that it had investigated the case – involving the ‘encounter’ killing of Sohrabuddin and his wife Kauser Bi – following directions from the Supreme Court.
    The late judge’s sister says in an interview to Caravan magazine that the then chief justice of the Bombay high court also offered her brother a house in Mumbai.
    M.B. Gosavi – who took charge after Loya – began hearing Shah’s application for relief on December 15, 2014, and concluded hearings two days later on December 17, reserving his order.
    Loya was appointed judge in the case weeks after the earlier judge, J.T. Utpat, was transferred from the special CBI court. Piqued by Amit Shah’s repeated failure to appear in court, Utpat had ordered the BJP leader to present himself on June 26. But one day before that, on June 25, 2014, he was transferred to the Pune sessions court.
    Within 29 days of Loya’s death, a replacement judge ruled that Amit Shah had no case to answer and discharged him from the case before the trial had even started.
    The Chief Justice Dipak Misra and Supreme Court should answer;
    1.large variations in the precise time of his death
    2.the absence of any prior medical history suggesting the possibility of a heart attack
    3.why he was taken to hospital in an auto-rickshaw in the early hours of the day
    4.the mysterious signature on the post-mortem report by “maiyatacha chulatbhau”, or paternal cousin, when his family says there is no such person in the family,
    5. the presence of blood on his clothes
    6. the role played by an “RSS activist” in telling Loya’s family about the location of his body, and delivering his phone, to the family.
    Suspicious Death’ of Sohrabuddin Case Judge Needs Probe. SC has to maintain its credibility.
    Jai Hind

    DisAgree Agree [3] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Tue, Jan 16 2018

    The case need to be handled by the senior judges to prove the authenticity of our judiciary

    DisAgree Agree [4] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Jan 16 2018

    All fingers point towards Amit Shah ...

    DisAgree [3] Agree [11] Reply Report Abuse

  • mahesh, Mangalore

    Tue, Jan 16 2018

    The Caravan story entitled: A Family Breaks its silence: Shocking Details Emerge in Death of Judge Presiding over Sohrabuddin’s trial was rebutted point by point and almost conclusively rubbished by two investigative reports by The Quint (Judge Loya’s Death: Caravan Questions Shoddy Records, Testimonials) and by The Indian Express (CBI judge BH Loya’s death in 2014: Nothing suspicious, say two Bombay HC Judges who were at hospital). However, PILs seeking inquiry into judge Loya's death were filed in Bombay High Court and Supreme Court by Bombay Lawyers Association and Tehseen Poonawalla, brother-in-law of Robert Vadra.
    A report published in The Times of India entitled: Super Sensitive cases being given to junior SC Judges for last 20 years noted 15 such cases (Rajiv Gandhi assassination case, Bofors, LK Advani’s trial in Babri Mosque demolition, Sohrabuddin Sheikh encounter case, Best Bakery case, BCCI case, disqualification of MPs and MLAs upon conviction and sentencing of two years or more, Coal Scam, Black Money case) were assigned not to the four senior most judges but to “select benches” headed by junior judges. The report said such instances “did not attract any comment from activist lawyers about possible breach of ‘bench fixing’.

    DisAgree [3] Agree [1] Reply Report Abuse

  • anthony, Mangalore

    Tue, Jan 16 2018

    The supreme Court has in the past suo moto taken up public Interest Litigation on many issues. In such an important case of national importance, they should have initiated a fresh investigations as it involves the very independence of the judiciary. Even the Ec Chief of Naval Staff L. Ramdass had written a letter to the Chief Justice of the Supreme Court to initiate a through investigation into this case of national importance.

    DisAgree Agree [13] Reply Report Abuse

  • Clifford Fernandes, Toronto

    Tue, Jan 16 2018

    After Togadia, now it is his turn to get low blood sugar.

    DisAgree [1] Agree [22] Reply Report Abuse

  • Clifford, Mangalore

    Tue, Jan 16 2018

    This should keep vomit Shah on his toes for a while as he thinks that he is above law. Supreme court is fed up with his interference with law.

    DisAgree [3] Agree [23] Reply Report Abuse

  • HENRY MiSQUITH, Bahrain

    Tue, Jan 16 2018

    Justice Arun Mishra is a known BJP sympathiser and the CJI allocated the Loya case out of turn to him primarily to protect Taklu Omit Shah.

    DisAgree [7] Agree [25] Reply Report Abuse


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Title: SC asks Maharashtra government to share Judge Loya documents with petitioners seeking probe



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