Justice Loya case: Further hearing on Feb 2; SC transfers two cases before Bombay HC to itself
New Delhi: Jan 22,: A Supreme Court bench headed by CJI Dipak Misra that heard the pleas submitted before it to investigate into the mysterious death of special CBI court judge justice BH Loya in 2014, has posted the case for further hearing on first week of February.
Also, in an important development apex Court transferred the two cases pending before the Bombay High Court to the Supreme Court. The SC also barred High Courts from hearing petitions on the Justice Loya case.
The apex court said that it would examine all the documents related to the death of Justice Loya.
Apart from CJI, Justices AM Khanwilkar and DY Chandrachud were also on the bench.
According to ANI, Maharashtra govt told Supreme Court that a careful and prudent investigation was conducted after the media reports and four judicial officers assured there was no foul play involved. The three-judge bench recorded statements saying Justice Loya died of cardiac arrest.
Maharashtra govt told Supreme Court that a careful and prudent investigation was conducted after the media reports and four judicial officers assured there was no foul play involved. The three-judge bench recorded statements saying #JusticeLoya died of cardiac arrest.
— ANI (@ANI) January 22, 2018
Earlier this week, 4 senior-most judges- Justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph of the SC took to public to critise CJI for allocating sensitive cases to junior judges, the Loya case being the trigger of dispute. Judge Loya, then presiding over the Sohrabuddin Sheikh encounter case, died in Nagpur on December 1, 2014.
The judges called the press conference after the Judge Loya case was assigned to Justice Arun Mishra, who is number 10 in the Supreme Court hierarchy.
Justice Arun Mishra reportedly broke down at a meeting of judges at the Supreme Court lounge, saying he was being “unfairly” targeted. He was comforted by Justice Chelameswar as well as the Chief Justice.
Chief Justice Misra reached out to the judges, who rank after him in seniority, and held discussions twice last week — once in the presence of the four other judges. “The ice is melting,” said sources about the judges’ talks, but there is no formal resolution yet.
Judge Loya died of a heart attack in December 2014, while he was hearing a case in which BJP chief Amit Shah was accused of murder. Mr Shah was discharged from the case by the new judge who said there was no evidence to merit a trial.
Two months ago, Judge Loya’s relatives alleged that his death was unnatural. Speaking to the Caravan magazine, his sister Anuradha Biyani claimed there was blood on his clothes. Another relative alleged that Judge Loya was offered a huge bribe. But the police and a judge who was with Judge Loya during his last hours, rubbished the family’s claims.
Petitions asking for an investigation have been filed by activist Tehseen Poonawala and a journalist from Maharashtra, BS Lone. BS Lone on Monday told media that the former Judge is served justice. While asserting that he has complete faith in the Indian judicial system, Lone hoped for a favourable verdict. Lone further welcomed the constitution of a new bench to hear the matter and said that it is crucial to end all doubts in the connection
#JudgeLoya death case: Supreme Court transfers two cases of Bombay High Court to the Supreme Court
— ANI (@ANI) January 22, 2018