‘Judge Loya’s Death Natural’: SC Refuses Independent Probe

Special CBI judge BH Loya was hearing the high-profile Sohrabuddin Sheikh fake encounter case.

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Judge Loya, who was hearing the Sohrabuddin Sheikh case, died allegedly under mysterious circumstances.
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Judge Loya, who was hearing the Sohrabuddin Sheikh case, died allegedly under mysterious circumstances.
(Photo: Shruti Mathur/The Quint)

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The Supreme Court on Thursday, 19 April, dismissed petitions seeking independent probe into the death of special CBI judge Brijgopal Harkishan Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case. The Supreme Court judgment slammed the petitioners for “maligning” the judiciary.

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

  • Reading the judgment, Justice Chandrachud said frivolous and motivated petitions should be discouraged, adding that it was against the judiciary
  • Several accused, including police personnel, are currently facing trial for their involvement in the alleged fake encounter of Sohrabuddin Shaikh

PIL is Now Political Interest Litigation: Yogi Adityanath

Reacting to the Supreme Court’s verdict on the Judge Loya case, Uttar Pradesh Chief Minister Yogi Adityanath said:

Some people have turned PIL into Political Interest Litigation which is lethal for the nation.

Law Minister Ravi Shankar Prasad Addresses Media Over SC Verdict

Rahul Gandhi Should Apologise to Amit Shah: Jitendra Singh

Speaking to ANI, Jitendra Singh, MoS PMO said:

If you’re doubting credentials of the Judiciary, then you are also doubting the credentials of all the investigations & evidences. I think Rahul Gandhi should apologise to Amit Shah.

Watch: Cong Addresses Media on SC Verdict

Congress spokesperson Randeep Surjewala said that the verdict marked a “sad day in India's history”.

The Supreme Court verdict has left many questions unanswered.There were discrepancies in the post-mortem report, even in recording the name of the victim properly.
RS Surjewala, Congress Spokesperson

Truth Has Come Out: Nagpur Doctor Who Received Judge Loya's Body

Dr Prashant Rathi, who received Judge Loya’s body in Nagpur, said that the truth has come out.

Now that the truth has come out, I am a relieved man. There was a time when my role was doubted. There should be no doubts and confusions after the SC’s verdict.
Dr Prashant Rathi

Watch: The Quint Explains SC Verdict Over Judge Loya's Death

The Quint's legal correspondent Vakasha Sachdev explains the Judge Loya verdict in less than 90 seconds.

Yogi Slams Rahul After SC Verdict

Uttar Pradesh Chief Minister Yogi Adityanath took a dig at Congress president Rahul Gandhi and said that the Supreme Court verdict in the Judge Loya case has “exposed” the Congress once again.

The verdict has exposed the Congress once again. Rahul Gandhi should apologise to the people of the country. They have tried to create such an environment that develops negative emotions.
Yogi Adityanath, Uttar Pradesh Chief Minister

Verdict Will Raise More Questions: Congress

The Congress on Thursday, 19 April, that the Supreme Court judgment dismissing a batch of pleas seeking an independent probe into the mysterious death of special CBI judge BH Loya will raise more questions and leave many of them unanswered unless logical reasons were found.

“Dispassionate analysis of Loya judgement must await its full reasoning. But unless logical reasons is found in it, it will raise more questions and leave many unanswered,” Congress spokesperson Abhishek Singhvi said on Twitter.

SC Website Hacked

On the day the Supreme Court dismissed pleas seeking independent probe into the death of Judge BH Loya, the apex court’s website was hacked allegedly by Brazil HackTeam.

Petitioners Unaware of Truth: Nagpur Joint Commissioner of Police

Nagpur’s Joint Commissioner of Police Shivaji Bodke on Thursday, 19 April, said that the investigation into special CBI judge BH Loya’s death case was done professionally, and that the apex court’s decision was based on that. The petitioners were “unaware” of the truth, he added.

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

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Watch: BJP Addresses Media on SC Verdict Dismissing Independent Probe

BJP spokesperson Sambit Patra, addressing the media on the Supreme Court’s dismissal of petitions seeking independent probe into Judge Loya’s death, said that petitions were filed to “settle political scores.”

He accused the Congress of trying to “malign” the judiciary, and said that it was a “new low” for the party.

SC Clear That There's No Doubt Over Loya's Death: Mukul Rohatgi

Former Attorney General Mukul Rohatgi, responding to the Supreme Court’s verdict dismissing independent probe into the death of Judge BH Loya, said that the apex court was “clear that there is no doubt over cause of Judge Loya's death.”

These petitioners did not uphold the rule of law. The main aim was to attack some senior functionaries of the current government. There was no question of foul play in the death of Judge Loya. The petition had personal interest, and not public interest.
Mukul Rohatgi, former attorney general

Black Day for Indian Judiciary: Prashant Bhushan

Speaking to ANI after the apex court verdict dismissing independent probe into the death of Judge Loya, Prashant Bhushan said that it was a “black day for the Indian judiciary.”

Caravan Stands By Its 22 Stories: Magazine's Executive Editor

SC Bench Slams Advocates for their "Conduct" During Case Hearing

The Supreme Court took the names of senior advocates Dushyant Dave, Indira Jaisingh, and Prashant Bhushan, among others, expressing anguish, and made strong observations for their conduct during the hearing of the Judge Loya case, reported LiveLaw.

The bench said that “serious attacks” were made to the judges of the Bombay High Court, and even judges of the Supreme Court were not spared.

Judge Loya Died a Natural Death: SC

The three-judge Supreme Court bench quoted three instances to conclude that Judge Loya died of natural causes.

1. Indisputable statements of judicial officers

2. Nothing wrong in friends and colleagues sharing same room at Ravi Bhawan

3. Judge Loya called his wife on 30 November, said he was staying at Ravi Bhawan

SC Dismisses PILs Seeking Independent Probe Into Judge Loya's Death

The Supreme Court bench, comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, dismissed petitions seeking independent inquiry into the death of special CBI judge Brijgopal Harkishan Loya.

Reading the judgment, Justice Chandrachud said there was no merit in the petitions, while expressing their anguish by the conduct of the counsel of the petitioners. Frivolous and motivated petitions should be discouraged, he said, adding that it was against the judiciary.

Justice Chandrachud added that business and political rivalries should be settled outside the court. There was absolutely no merit in allegations that Judge Loya’s death was suspicious.

There is no merit in the petitions and there is no reason to doubt the statements of sitting judges; attempt of the petitioners was to malign the judiciary.
Justice Chandrachud

There were clear and consistent statements of judicial officers who accompanied him to Nagpur, he said.

Justice Chandrachud Starts Reading Judgment

Justice Chandrachud starts reading judgment in Judge Loya death case in the Supreme Court, reported LiveLaw.

“The SC has no reason to disbelieve the judicial officers,” Justice Chandrachud said.

According to LiveLaw, Chandrachud said Dushyant Dave, the petitioner’s counsel, has gone to the extent of insinuating the judicial officers based on unrelated cases. He added that the the intent of the petition seeking independent probe was to “malign the judiciary.”

The Case So Far

A batch of pleas – including those by Congress leader Tehseen Poonawala and Maharashtra-based journalist BS Lone – were filed in the Supreme Court seeking an independent probe into Special CBI Judge BH Loya's alleged mysterious death in 2014.

The Maharashtra government had earlier argued in the top court that all pleas seeking an independent probe into Judge Loya's death were motivated and aimed at targeting ‘one individual’ in the guise of upholding the rule of law.

It had come down heavily on the accusations, bullying and browbeating of judges in the apex court by some activist lawyers in the Loya case, and said that the judiciary and judicial officers need to be saved from such averments.

Meanwhile, those seeking an independent probe into the matter had referred to the sequence of events to highlight that a fair investigation was needed to rule out any foul play in his death.

Judge Loya's death came under spotlight in November 2017 after media reports quoting his sister had fuelled suspicion about the circumstances surrounding his death and its link to the Sohrabuddin case. But Loya's son had on 14 January 2018 said that his father had died of natural causes.

Who Were Discharged in the Case Earlier?

In the Sohrabuddin Sheikh fake encounter case, BJP president Amit Shah, Rajasthan Home Minister Gulabchand Kataria, Rajasthan-based businessman Vimal Patni, former Gujarat police chief PC Pande, Additional Director General of Police Geeta Johri, and Gujarat police officers Abhay Chudasama and NK Amin have been discharged.

Several of the accused, including police personnel, are currently facing trial for their involvement in the alleged fake encounter of Sohrabuddin, his wife Kausar Bi, and their associate Tulsiram Prajapati in Gujarat in November 2005. The case was later transferred to the CBI and the trial shifted to Mumbai.

On 23 November 2005, Sohrabuddin Sheikh and his wife Kausar Bi were travelling by bus from Hyderabad to Sangli in Mahrashtra. While on the way, the Gujarat Anti-Terrorism Squad (ATS) stopped the bus and abducted the couple. Three days later, on 26 November, Sohrabuddin was shot dead in what the police called an encounter, but it was later found to be fake by the investigators.

(With inputs from PTI)

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Published: 19 Apr 2018,08:20 AM IST

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