Supreme Court bench headed by CJI Dipak Misra rejects demands for probe in Judge Loya’s death, calls petition scandalous

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The Supreme Court on Thursday rejected the petition seeking a probe into the mysterious death of Judge BH Loya, who was hearing the fake encounter case against Amit Shah at the time of his death in 2014.

Loya

Rejecting the petition, the Supreme Court bench headed by Chief Justice Dipak Misra terms the pleas seeking an independent probe “scandalous” and a “frontal attack on the judiciary”.

Judge Loya had died reportedly of heart attack while attending a wedding in November 2014. The judge, who replaced Loya, latyer acquitted Shah in Sohrabuddin Shaikh’s fake encounter case saying that there was no evidence against him.

The Supreme Court said that “we can’t doubt the statements of the judicial officers who were with Loya.” This was in reference to the statements recorded by four judges who had accompanied Judge Loya on that fateful night. They were Judges J Kulkarni, J Barde, J Modak and JRR Rathi.

The three judges bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar said, “There is no reason to disbelieve the sequence of events leading to the death as narrated by the four judicial officers namely Shrikant Kulkarni, Shriram Modak, R. Rathi and Vijay Kumar Barde and the assertions of Bombay High Court Justices Bhushan Gawai and Sunil Shurke,”

Several points including lack of affidavits, the veracity of the ECG report, the Ravi Bhawan guestbook not corroborating the alleged fact of judge Loya’s stay and the changed stance of judge Loya’s family on an independent investigation raised questions. The inquiry report of the Commissioner of state Intelligence of Maharashtra too was discreet.

In an extraordinary development, the Supreme Court had decided to take over all cases related to the mysterious death of Loya. The top court also directed the High Courts across the country not to entertain any PILs related to Judge Loya’s death.

 

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