Supreme Court rejects Loya death probe
Petitions had sought an independent probe into the death of CBI judge
NEWDELHI: India’s highest court on Thursday dismissed several petitions that sought an independent probe into the death of CBI judge BH Loya, harshly criticising the pleas as a bid to malign the judicial system.
The Supreme Court ruled that the judge died of natural causes and that the petitions were “serious attempts to scandalise and obstruct the course of justice.” Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said there was no reason to doubt statements of the judges on circumstances leading to the death of Loya, who was hearing the Sohrabuddin Sheikh fake encounter case which emerged in Gujarat when BJP President Amit Shah was state home minister under Narendra Modi.
There was not a shred of doubt that Loya died of natural causes, the Bench asserted. To suggest that a single individual could control the entire judiciary is scandalous, they said, rejecting arguments trying to implicate Shah.
The court has a duty to protect its judicial oficers and this petition was an attempt to launch a frontal attack on the judiciary, they said. They, however, spared the petitioners from contempt action.
Among those who had sought a probe were senior advocates Dushyant Dave, Indira Jaising and Prashant Bhushan.
Loya had allegedly died of cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleague’s daughter. His successor acquitted Shah.
Several accused are still facing trial for their involvement in the alleged fake encounter of Sohrabuddin Shaikh, his wife Kausar Bi and their associate Tulsiram Prajapati.
At a press conference after the verdict, Union Law Minister Ravi Shankar Prasad said: “An attempt was made scandalize the court. The Court observed that such petition put a grave danger. The political rivalry needs to be resolved in due course of democracy. Court protects the law and dispute. PIL was a frontal attack on the independence of Indian judiciary.” He lashed out at Congress president Rahul Gandhi. “I want to ask Raga some questions. You are a national party president. What do you have to say today about the court’s verdict? Will you forward your politics through court alleys because people are rejecting you? This wasn’t a case of public interest but driven to promote Congress interest,” he said.
“Case was iled to damage BJP in general and Amit Shah in particular.