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Judge’s death natural, rules Supreme Court

LOYA DIED AT A TIME WHEN HE WAS HEARING HIGH PROFILE CASE

- BY KARUNA MADAN Correspond­ent

Bench dismisses pleas for independen­t probe into circumstan­ces leading to Justice Loya’s death

Athree-judge bench headed by Chief Justice of India Dipak Misra yesterday dismissed a batch of pleas seeking an independen­t probe into circumstan­ces leading to death of Judge B.H. Loya in 2014.

The judge died at a time when he was hearing the high profile Sohrabuddi­n Shaikh encounter case.

Holding that there was absolutely no merit in the pleas, the bench which also included Justice A.M. Khanwilkar and Justice D.Y. Chandrachu­d, said Judge Loya had met a “natural death”.

Justice Chandrachu­d said there was no reason to doubt the statement given by the four judges who were with Loya on the last day of his life and had termed his death “natural”.

“There is no merit in the case, there will be no probe into Loya’s death. These Public Interest Litigation­s (PILs) are scandalous and amount to criminal contempt. We cannot doubt the statements of the judicial officers who were with judge B.H. Loya. It appears to be an attempt by the petitioner­s to malign judges, and is a frontal attack on the judiciary,” the bench observed.

‘Frivolous’

A batch of petitions were filed by activist Tehseen Poonawala, the Bombay Lawyers Associatio­n, Maharashtr­a-based journalist Bandhuraj Sambhaji Lone, and NGO Centre for Public Interest Litigation (CPIL) seeking an independen­t probe into Judge Loya’s death.

Loya was 48 when he died in 2014. He had gone to Nagpur to attend a wedding when he suffered a heart attack.

Bharatiya Janata Party (BJP) president Amit Shah was an accused in the Sohrabuddi­n Shaikh fake encounter case. Yesterday, the SC said the misuse of PIL was a matter of concern.

“The motivated and frivolous PILs detract the court’s time from hearing genuine petitions. In this case, the petitioner­s said they had no personal agenda, but during hearing a veiled attempt was made to lodge an attack on the judiciary, which was confronted with scurrilous allegation­s,” the court further observed.

Reacting to the verdict, the Congress party called it a sad day.

“It is a sad day in India’s history. The suspicious circumstan­ces in which Loya died was a matter of deep concern for those who have faith in the judiciary. The copy of the entire judgement is not yet available. But there are still questions before those who believe in the judiciary,” party spokespers­on

Reacting to the verdict, the Congress party called it a sad day. Congress leader Abhishek Manu Singhvi said the apex court’s verdict will raise more questions.

Randeep Surjewala told media.

Congress leader Abhishek Manu Singhvi said the apex court’s verdict will raise more questions.

Congress Gujarat leader Arjun Modhwadia said only God would protect upright judges.

“Not the Supreme Court but only God will protect the upright judges. Not only Judge Loya but his confidants with whom he shared [concerns] and had sought help from over threats he was receiving in the Sohrabuddi­n trial ... advocates Khandalkar and Judge Thombre also subsequent­ly died mysterious­ly,” Modhwadia tweeted.

BJP hails verdict

On the other hand, BJP said the PILs were nothing but propaganda against the ruling party.

“The PILs on the death of special Judge BH Loya was a kind of blackmail and propaganda machinery aimed at maligning the people in power. Congress leadership should apologise to BJP President Amit Shah,” BJP leader Meenakshi Lekhi said.

Union Home Minister Rajnath Singh hailed the verdict.

“The judiciary cannot be misled by allegation­s based on political vendetta,” he said.

 ?? PTI ?? Lawyer Prashant Bhushan, one of the petitioner­s, addresses journalist­s after the Supreme Court dismissed the please seeking a probe into Judge B.H. Loya’s death.
PTI Lawyer Prashant Bhushan, one of the petitioner­s, addresses journalist­s after the Supreme Court dismissed the please seeking a probe into Judge B.H. Loya’s death.

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