Loya death: SC shifts two petitions to itself

Satya Prakash 

Tribune News Service 

New Delhi, January 22

The Supreme Court on Monday transferred to itself two PILs pending in the Bombay High Court in connection with the Judge BH Loya death case. A three-judge Bench headed by CJI Dipak Misra will on February 2 take up the transferred petitions with two other PILs already pending before the top court.

Terming the issues raised in the petitions as “serious”, the Bench said, “We must look into all documents with utmost seriousness”.

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The Bench restrained all High Courts from entertaining any petition on the issue.

There were heated exchange between senior advocates Dushyant Dave and Harish Salve after the former alleged that the state was trying to protect BJP chief Amit Shah, who was an accused in the Sohrabuddin Sheikh fake encounter case. At the time of his death, judge Loya was presiding over this case.

The CJI reacted angrily when senior advocate Indira Jaising said the Bench could not gag the press and ask them to refrain from reporting on the documents submitted by Maharashtra related to the mysterious death.

“We have not said anything. How can you say that we are gagging the press? You must apologise unconditionally,” the CJI said. Jaising immediately apologised. She later welcomed the order passed by the Bench. Salve and senior advocate Mukul Rohatgi -- who represented the Maharashtra Government — said  a discreet inquiry was conducted by the state DGP on obtaining permission of the Bombay High Court Chief Justice. During the inquiry, judges who were there with judge Loya were examined and their statements recorded. “He died of cardiac arrest.” 

Dave objected to the fact that Salve and Rohatgi had earlier represented Shah. The Bench said, “We are not the conscience keepers of the Bar. Everybody is their own conscience keeper...We leave it to the lawyers to decide whether they want to appear in a particular case or not.”

Dave said, “So far it’s a natural death. But we want an independent inquiry because it’s regarding the death of a judge.” Justice DY Chandrachud, who was part of the Bench, said, “If you say it’s a natural death, then why do you cast aspersions on someone. Let’s find out what the truth is.” He said the court would like to examine everything, including reports published by various magazines and newspapers on the issue.

The controversial issue, cited by four senior-most judges of the Supreme Court as one of the reasons for going public against the CJI on January 12, was on Saturday shifted to the CJI’s Bench following recusal by a Bench headed by Justice Arun Mishra. It was Justice Arun Mishra’s Bench which had on January 16 directed the Maharashtra Government to share all documents related to the death of CBI Special Judge Loya with the two petitioners. Loya had died of a cardiac arrest on December 1, 2014, in Nagpur.