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Issue of Judge B H Loya's death serious: SC

  •   Fri, Jan 12 2018 01:51:56 PM

New Delhi, Jan 12 (PTI): The Supreme Court today termed mysterious death of special CBI judge B H Loya as a "serious matter" who was hearing the Sohrabuddin Sheikh encounter case, and sought response from Maharashtra government on pleas seeking an independent probe into it.

The top court said, "This matter requires bi-party hearing rather than exparte".

A bench of justices Arun Mishra and M M Shantanagoudar asked Maharasthra government counsel Nishant R Katneshwarkar to file reply by January 15.

"The Bombay High Court is seized of the matter and in my opinion the Supreme Court should not hear this matter. If the court goes ahead with the hearing, it may have implications before the high court," senior advocate Dushyant Dave said.

Senior advocate Indira Jaising, appearing for one of the petitioners Maharashtra-based journalist B R Lone, said that she has also instructions from Bombay lawyers association that this matter should not be heard by the top court.

The bench, however, said it will look into the petitions but will also consider the objections raised.

Advocate Varinder Kumar Sharma, appearing for another petitioner Congress leader Tehseen Poonawala, said this is a case where a mysterious death of a judge has taken place on December 1, 2014 and it needs to be investigated.

The bench then asked Katneshwarkar to file the mortem report and other relevant documents regarding the death of judge Loya besides taking instruction from the government.

The bench posted the matter for further hearing on January 15.

Loya had died of cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleague's daughter.
  

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Comment on this article

  • sense_Shetty, Mangalore

    Fri, Jan 12 2018

    There are other mysterious deaths in the past ..which no political party including the BJP or the congress has raised any concerns . All died of accidents.
    1.Madhav rao Scindia
    2.Rajesh Pilot
    3.Then chief minister of AP .Mr Reddy.

    DisAgree [3] Agree Reply Report Abuse

  • SMR, Karkala

    Fri, Jan 12 2018

    “Democracy won’t survive without a free judiciary.” Three years later, with claims and counter-claims piling up, the son’s plea for an independent investigation might well be the only way to settle this matter.
    A judicial probe at this point, at least to respond to the queries of raised by the family, and to uphold the image of the judiciary in the eyes of the people of India, is absolutely necessary.
    The pleas seeking a probe have followed two reports the Caravan magazine published that quoted immediate members of Loya’s family, who questioned the circumstances surrounding his death. Loya, who was presiding over the CBI court in the Sohrabuddin Sheikh fake encounter case, passed away on December 1, 2014, after a heart attack while in Nagpur to attend a colleague’s daughter’s wedding.
    1. The allegation by Loya’s relatives that the judge had been offered a bribe by the former chief justice of the Bombay high court remain unaddressed so far, and the chief justice in question has chosen not to speak on the matter?
    2. Loya’s relatives also told Caravan that his phone was only returned to them 2-3 days after his death and that the data appeared to have been deleted?
    3. Caravan said Loya’s wife and son “feared for their lives” and hence declined to speak to their reporter. But the magazine did carry details of the letter written by the son to the chief justice of the Bombay high court asking for his father’s death to be probed?
    4. The family found blood stains on the judge’s shirt, on the neck and at the back. Other family members also said they saw there was an injury on his head?
    5. Curiously, the ECG published by the Indian Express is time-stamped “05:11, November 30”, i.e. a day before Loya was taken to hospital?
    6. How did RSS worker got possession of Loya's body?
    Judge Loya case the tipping point. “It would not be inaccurate to say that one of our most powerful and respected institutions is not keen or able to look after its own its judges.”
    Jai Hind

    DisAgree Agree [11] Reply Report Abuse

  • Alwyn Crasta, Mangaluru/Bengaluru

    Fri, Jan 12 2018

    Any suspicious death is a matter which is to be taken very seriously, and to be investigated to its logical end, without any extraneous pressure/interference.

    Then, and then only, can a democracy remain vibrant and healthy.

    DisAgree Agree [10] Reply Report Abuse

  • Gabriel, sagar

    Fri, Jan 12 2018

    World History is repetitive, everyday in some corner of the earth, someone dies as martyr on the Altar of Truth.

    DisAgree [2] Agree [10] Reply Report Abuse

  • Hussain, Abudhabi

    Fri, Jan 12 2018

    No doubt how DAKU got clean chit ....

    DisAgree [5] Agree [31] Reply Report Abuse

  • Hussain, Abudhabi

    Fri, Jan 12 2018

    About two weeks after Judge BH Loya died in 2014, the judge who replaced him in the Sohrabuddin case let off Amit Shah and ruled out a trial.
    All botched up

    DisAgree [1] Agree [21] Reply Report Abuse

  • Declan, Mumbai

    Fri, Jan 12 2018

    Amit Shah the clock of justice is ticking.

    CBI judge Justice Brijgopal Harkishan Loya was handling the Sohrabuddin fake encounter death case in which Amit Shah is the prime accused. Justice Loya died mysteriously in December 2014 in Nagpur and his death is suspected to be a murder allegedly to protect the guilty who occupy top positions. Before his death Justice Loya had informed his sister that he was offered a bribe of 100 crore for a 'favourable judgement by Mohit Shah the then chief justice of the Bombay High court.

    Bhagwan ke ghar mein dher hai andher nahi !

    DisAgree [4] Agree [22] Reply Report Abuse

  • Vishal, Mangalore

    Fri, Jan 12 2018

    The fact that four senior judges had to come out and call a press conference speaks volumes for the rot that has set in in our judicial system. That corruption in our judicial system has gained gargantuan proportions needs hardly be stressed going by the manner in which ministers and influential persons are being acquitted. It is an open secret that loads of money are changing hands for subversion of justice. Our courts are no longer the temples of justice they once were known for. A drastic change needs to take place for people to repose their trust in our judicial system. To top it all, we have a very mediocre and good for nothing Ravi Shankar Prasad as the Law Minister. Can't the PM find a better person to head this ministry?

    DisAgree [7] Agree [23] Reply Report Abuse

  • HENRY MiSQUITH, Bahrain

    Fri, Jan 12 2018

    Instead of washing their dirty linen in public, they should have approached the law minister or PM before going public. Even though there may be some truth in their statement, but, bringing the matter to public, is not healthy for our nation.

    DisAgree [22] Agree [6] Reply Report Abuse

  • Declan, Mumbai

    Fri, Jan 12 2018

    @ Henry
    Henry brother, this is not like an ordinary spat between Hrithik Roshan and Kangana. We are talking about senior judges of the highest court of the land. Don't you think they would have considered approaching PM and Law minister? If they have not approached PM and Law minister they must be having their very good and compelling reasons for not doing so. In their wisdom they decided that directly telling the people of the country through the press was the best thing to do. In any case the independent judiciary will have to resolve the matter themselves.
    As far as washing linen in public or not is a matter of opinion, for some it should not have been done and others will say it was the right thing to do given the gravity of the situation. I for one believe they did the right thing given the vitiated atmosphere in the country and all the nonsense happening.

    DisAgree [3] Agree [20] Reply Report Abuse

  • roger, manipal

    Fri, Jan 12 2018

    Henry,
    as judges they are not suppose to go to govt or govt can not interfere in judiciary . here the very people whom you mentioned are the players behind fixing & destroying Indian democracy. this fixing game is going on for decades. a common man will never get justice because of fixing. some lawyers take additional money for fixing only . Just imagine CBI judge mysterious death case was buried & clean cheat for all. they have been continuing this monkey business full swing. Rahul Gandhi told few days back in Bahrain our democracy is in danger. now thats what the SC top judges trying yo save. God bless them.

    DisAgree [3] Agree [19] Report Abuse

  • HENRY MISQUITH, Bahrain

    Fri, Jan 12 2018

    Judiciary is the only pillar of our Democracy which is standing firm.Lets not weaken it with activism.

    DisAgree [5] Agree [2] Report Abuse

  • Declan, Mumbai

    Fri, Jan 12 2018

    @Henry
    Agreed the judiciary must not be weakened which is why the action of the four SC judges assumes importance in bringing out the wrongs happening there which need to be rectified. Lack of response of the CJI forced the SC judges to resort to such measures. Call it activism or by any other name really is not important, what is important is that peaceful action taken to initiate correction to wrong doings are to be supported and appreciated and the need of the hour for people's faith to be strengthened in democracy and the rule of law. Sweeping problems under the carpet and giving an impression that everything is fine when it is not so will actually weaken democracy and not strengthen it.

    DisAgree Agree [3] Report Abuse


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