Justice Arun Mishra wants CJI Misra to reassign Judge Loya case to ‘appropriate bench’

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In another dramatic development on Tuesday, Justice Arun Mishra passed an order asking Chief Justice of India Dipak Misra to reassign the Judge Loya case before an ‘appropriate bench.’

Justice Arun Mishra

CJI Misra had assigned the case to Justice Mishra last week. This was a trigger point for the four senior most judges of the Supreme Court to address an unprecedented news conference on Friday last week.

In his order passed on 16 January, the bench of Justices Arun Mishra and Mohan Shantanagoudar said, “Let the documents be placed on record within seven days and if it is considered appropriate copies be furnished to petitioners.”

The concluding part of the order said, “Put up before the appropriate bench.”

It’s, however, not clear if Justice Mishra has recused himself from the case amidst attacks on his integrity.

This came a day after Justice Arun Mishra had reportedly broken down saying that he was being unfairly targetted by questioning his “competence” and “integrity.”

Justice Mishra was assigned the case of Judge BH Loya’s mysterious death case. This decision by CJI Misra had reportedly prompted the four judges to take extraordinary step and speak to media about their grievances.

Judge Loya had died under mysterious circumstances at a time when he was presiding over the Sohrabuddin fake encounter case, where BJP President Amit Shah was a key accused.

Earlier this week, Judge Loya’s son, Anuj Loya, had addressed a hurriedly called press conference to say that his family did not find the death of his father suspicious. Even though, Anuj had questioned his father’s death in the past prompting many to suspect that the family may have been pressurised to hold the press conference.

Meanwhile, contrary to media reports that everything has been resolved between the CJI and the four rebel judges, the tension still prevailed in the Supreme Court as the country’s top five judges failed to break the ice.

Quoting sources, an Indian Express report said that the four judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — felt the CJI had “nothing to offer”, at least for now.

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