CJI draws red line on Judge Loya case
Keeping the political sensitivities in mind, Chief Justice of India, Dipak Misra, on Friday, while presiding over the Judge Loya case, reprimanded the petitioners for citing the Sohrabuddin Sheikh fake encounter case, which Loya was hearing when he died.
The CJI gave a "loud and clear" message that the court was concerned only with the death of special CBI judge Loya and would not go into other aspects, including BJP chief Amit Shah's discharge in the fake encounter case.
The court, which is hearing the petitions seeking an independent investigation into Loya's death in 2014, also made it clear that the issue before it was whether a further probe should be ordered into Loya’s death or not.
Referring to a report by Commissioner of Intelligence of Maharashtra into the judge Loya death, senior counsel Dushyant Dave said an independent probe was required as the State probe contained "bundle of discrepancies" and ‘‘contradictions". He described as "self-serving" the report submitted by the Maharashtra government.
"All these are self-serving documents. All these people should be interrogated in a further investigation" of the Loya case," he said, asking the court to call Loya's father, sister and other family members in their chamber and if they say "they don't want an investigation, then close the case".
Dave had wanted to know why special judge J TUtpat, who was hearing the Sohrabuddin Sheikh case before Loya took over, was transferred, and said circumstances warranted an independent probe.
Senior advocate Indira Jaising, appearing for one of the applicants, said the state should be asked to produce the original records, including the register of the government guest house, where Loya had stayed in Nagpur, and his ECG report. She pointed out in this context the over-writing in the Xerox copy of the records relating to judge Loya given by the Maharashtra government.
The arguments in the matter remained inconclusive and the court has fixed the matter for further hearing on February 5.