The Supreme Court transferred on Monday to two pending petitions in the Bombay High Court, requesting a fair and independent investigation into the death case of Judge BH Loya.
A bank chaired by the Supreme Court president, Dipak Misra, asked the parties to catalog all documents related to the death of Loya that have not been submitted so far, and submit them for examination on February 2, the next hearing date.
Judge Loya, who died in November 2014, was carrying out the trial on the deaths by simulated shootings of Sohrabuddin Sheikh and two others. The judge appointed thereafter had dismissed the president of the BJP, Amit Shah, in the case and the CBI did not file an appeal.
There was a heated exchange between the main defenders Dave Dushyant and Harish Salve, with Dave accusing the government of Maharashtra of protecting Shah. Dave said that Salve had appeared for Shah in the fake encounter case and could not have appeared for the state.
Salve returned the shot to Dave for raising arguments, intended for another forum. He said Dave was not anyone to tell him who he should appear for. Salve said that a discreet investigation by the top state official had concluded that there was no foul play in Judge Loya’s death. He said that, according to the previous court order, he had provided a copy of the report and the post-mortem documents to the two petitioners before the SC.
Judge DY Chandrachud, one of the bank’s members, told Dave that the bank knew the case through media reports. He urged him not to drag a name since it has not been established that Loya’s death was murder.
“This is a serious case.” Let’s look at all the documents and listen to the case objectively and dispassionately. We are all guardians of our own conscience. We can not ask a lawyer to appear and not appear, “Judge Chandrachud said, responding to Dave’s argument that Salve should not appear in the matter.
The CJI reacted angrily when main advocate Indira Jaising, appearing for civil society activists who want to intervene in the matter, said the court could not muzzle the press and ask them to refrain from reporting on documents submitted by Maharashtra related. with the death of Loya.
“We have not said anything, how can you say that we are choking the press? You must apologize unconditionally,” said the CJI, which caused Jaising to apologize.
Dave, appearing for the Bombay Bar Association, which has filed a PIL in the high court, admitted that it was a “natural death.” “But we want an independent investigation because it’s about the death of a judge.”
The death of Judge Loya was the trigger point for the four Supreme Court chief judges to declare themselves in public against the CJI on January 12, accusing him of granting delicate cases to favorable banks. Later, the case was withdrawn from the court chaired by Judge Arun Misra and the boss marked it himself.