Tuesday, 23 January, 2018

SC to hear tomorrow pleas for probe in judge BH Loya's death

The bench asked Katneshwarkar to file the post-mortem report and other relevant documents regarding the death of judge Loya Stop harassment, beg kin of deceased CBI Judge Loya
Melinda Barton | 14 January, 2018, 15:32

The pleas seeking a probe followed two reports published in The Caravan magazine that quoted immediate members of Loya's family, who questioned the circumstances surrounding his death.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud today took note of the submission seeking urgent hearing on the plea for a probe into Loyas death on December 1, 2014. The association asked the court to set up a commission of inquiry headed by a retired Supreme Court judge.

At the beginning of the hearing, senior advocate Dushyant Dave, who represented Bombay Lawyers' Association pleaded that since the Bombay High Court is seized of the matter, the Apex Court should refrain from hearing it.

The bench, however, said it will look into the petitions but will also consider the objections raised.

Meanwhile, the petitioner in the Supreme Court, journalist Bandhuraj Lone claimed that he chose to go to the Supreme Court directly as that was the best forum. His and Tehseen Poonawala's petitions demanding probe by an independent agency virtually split the Supreme Court down the middle. Many things less than desirable have happened in the last few months. "The petitions in Supreme Court were filed after news about our petition came out". Unfortunately, our efforts failed.

Chelameswar and his colleagues - Justices Ranjan Gogoi, Madan Lokur and Kurian Joseph - said their concerns would be shortly made public in a letter. Shah was arrested by the CBI in July 2010 in connection with the alleged staged shooting.

"We are filing an intervention with the Supreme Court to have this case heard by Bombay High Court, which is in charge of the subordinate judiciary of Maharashtra of which Judge Loya was a part", Abdi said.

Justice Loya was over looking the judgement on the Soharbuddin Sheikh encounter case, in which, according to the CBI, Amit Shah had been responsible for the murder of Soharbuddin, along with his wife and a friend, who had been an eye witness of Sheikh's killing.

The criminal case against BJP president Amit Shah should be re-opened in view of Friday's press conference by four senior Supreme Court judges, Goa Congress state president Shantaram Naik demanded on Saturday.