7 years ago
More than three years after the death of judge BH Loya, the Supreme Court today dismissed plea seeking an independent investigation into his death. Five petitions called for an inquiry into the case after the death of the 48-year-old special CBI judge in December 2014.
The 48-year-old judge was handling a murder case in which BJP chief Amit Shah was among the accused, when he died of a heart attack in 2014.
The 48-year-old judge was handling a murder case in which BJP chief Amit Shah was among the accused, when he died of a heart attack in 2014.
Here are the highlights for the Judge BH Loya death case:
Devendra Fadnavis said that the issue was raised "three years after his (Judge Loya's) death" and that there was "an attempt to make a hidden attack on BJP president Amit Shah", reported news agency IANS.
In a tweet, Congress leader Randeep Singh Surjewala asks how Ravi Shankar Prasad had a copy of the judgement
Intriguing indeed!
- Randeep Singh Surjewala (@rssurjewala) April 19, 2018
How does the Law Min, Ravi Shankar Prasad have a copy of Supreme Court judgement in #JudgeLoya case, when neither the public nor the press or advocates have got a copy yet?
And the Supreme Court web site is hacked.
So much for transparency & fairness!
Supreme Court order on Judge Loya shows judiciary cannot be misled, says Rajnath Singh
Home Minister Rajnath Singh said that the Supreme Court order rejecting the plea for a probe into Judge Loya's death has sent out a clear message that the judiciary cannot be "misled" by allegations on political vendetta, reported news agency PTI.
In a series of tweets, Rajnath Singh criticised the "several attempts" to target the BJP and its top leaders through "fake" cases.
The home minister has said that the Supreme Court order raised serious questions on the intention of filing such complaints.
Home Minister Rajnath Singh said that the Supreme Court order rejecting the plea for a probe into Judge Loya's death has sent out a clear message that the judiciary cannot be "misled" by allegations on political vendetta, reported news agency PTI.
In a series of tweets, Rajnath Singh criticised the "several attempts" to target the BJP and its top leaders through "fake" cases.
The home minister has said that the Supreme Court order raised serious questions on the intention of filing such complaints.
"People of India are looking for answers. There has been no investigation in the death of Judge Loya," Congress leader Randeep Singh Surjewala as he addressed a press conference. "How can anyone decide if Judge Loya died a natural death without a probe," he added.
LIVE: AICC Press Conference on #JudgeLoya judgement today. https://t.co/acNv8zwSai
- Randeep Singh Surjewala (@rssurjewala) April 19, 2018
Many People Will Be Disappointed With Supreme Court Judgement: Salman Khurshid
"I have read the judgement and it will be unfair if I say I haven't," Congress leader Salman Khurshid was quoted as saying by news agency ANI.
"I think many people would be deeply disappointed seeing such a judgement. But ultimately we have to respect the judicial system abiding by the Supreme Court's order," he said.
Judge BH Loya Death Case also grabbed headlines when four top court judges - Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph -- questioned the manner in which sensitive cases were being allocated at a presser on January 12.
Among the petitioners who sought independent probe in the Judge BH Loya death case were Congress leader Tehseen Poonawala and Maharashtra-based journalist B S Lone.
In the 2004 fake encounter case, BJP President Amit Shah along with Rajasthan Home Minister Gulabchand Kataria, Rajasthan-based businessman Vimal Patni, former Gujarat police chief P C Pande, Additional Director General of Police Geeta Johri and Gujarat police officers Abhay Chudasama and N K Amin have already been discharged.
Agree With Top Court's Verdict: Soli Sorabjee
"I agree with Supreme Court's observations. Hope message goes out to all concerned, former Attorney General Of India Soli Sorabjee said. "What is the material in hand? Only speculations. PILs if filed on the basis of surmise and conjecture, should be totally discouraged. If there is any material, it can be looked into," he said.
"Supreme Court Verdict Will Raise More Questions": Congress
The Congress, one of the political parties in opposition that was seeking an independent probe in Judge BH Loya case, said the top court's dismissal of petitions seeking fresh probe, will raise more questions.
"Dispassionate analysis of Loya judgement must await its full reasoning. But unless logical reasons found in it, it will raise more questions and leave many unanswered," Congress spokesperson Abhishek Singhvi said on Twitter. Here is another tweet referring to the verdict by the Congress spokesperson.
am prepared 2accept a)heavy emphasis in sc Loya re veracity of accompanying judges b)anguish re scandalous args(c)initiation of contempt if it arises(d)provided it is accompanied by solid reasons rebutting the 7/8 suspicious circs raised. Absent that, above lamentations nt enuff.
- Abhishek Singhvi (@DrAMSinghvi) April 19, 2018
"Invisible Hand Behind Veiled Plea That Of Rahul Gandhi": BJP's Sambit Patra
"This is a new low in Indian politics," BJP leader Sambit Patra said today while referring to the Judge BH Loya Supreme Court verdict today. "There is an invisible hand behind the veiled petition which is of Congress Chief Rahul Gandhi," he said.
"He is trying to defame Amit Shah. He has put Indian judiciary to shame."
"Don't have faith in judicial system (Nyaya vyavastha main vishwas nahin hain)," Dr Anuradha Biyani, Judge Loya's sister, said in reference to the top court verdict today. Dr Biyani - a medical doctor based in Dhule, Maharashtra - in a story in Caravan magazine was quoted as saying that judge Loya was offered Rs 100 crore bribe in 2004 Sheikh Sohrabuddin Sheikh fake encounter case.
Congress leader and former Gujarat Pradesh Congress Committee president Arjun Modhwadia also tweeted after the top court verdict. "Not SC but only God would protect the upright judges! Not only Judge Loya but his confidents (confidantes) to whom he shared & sought the help for threat he was receiving in Sohrabuddin trial case, Advo. Khandalkar & Judge Thombre subsequently died mysteriously," he posted.
After calling it a "black day" for the top court, Prashant Bhushan also tweeted referring to the top court verdict.
The SC while dismissing the petition seeking independent Investigation into Judge Loya's death, said that "Judges can't lie. Their word must be treated to be the gospel truth. Anyone who questions judges is guilty of contempt"! Judges in their own cause? https://t.co/fIfk7NmcoS
- Prashant Bhushan (@pbhushan1) April 19, 2018
The Supreme Court said that it was not initiating civil contempt against the petitioner for scandalising the judiciary.
Apart from Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud were also part of the top court bench hearing the petitions seeking independent probe in the Judge Loya death case.
The judgement pronounced by Justice Chandrachud took exception to the way the PIL was filed and the insinuation were levelled against the committee of administrators of Bombay High Court and top court judges in the course of the hearing of the matter, news agency IANS reported.
Pleas In Judge Loya Case To Settle Political Court: Counsel For Maharashtra Government
"Just to settle down their own political and personal course these days, public interest litigation (PIL) is misused by people and that has been clearly said by the honourable court today in their judgement," Nishant Karketkar, counsel for Maharashtra government, was quoted as saying by news agency ANI.
"There is nothing to doubt about this case," he said and added, "Earlier the statements of Maharashtra court judges were recorded in Loya's death case. There is nothing suspicious in their statements and that court has found very precisely."
"On the basis of documents it can be said that his death was very much natural," he added.
"A Black Day": Prashant Bhushan On Verdict
"It's the court's duty to protect the law," Supreme Court said as it pronounced the verdict in Judge BH Loya death case.
Several political parties, including the grand old party Congress, had sought fresh probe in the death case. Judge BH Loya was hearing the 2004 Sohrabuddin Sheikh fake encounter case at the time of his death.
Judge Loya's death was "natural", the top court said today. It further said that motivated and frivolous petitions "detract court's time."
Pronouncing the judgement in the case, the top court said the petitions seeking independent probe were a "frontal attack on judiciary". "Political rivalries have to be solved in the hall of democracy," the top court said, adding that "misuse of PIL is a matter of concern." Read the top quotes by Supreme Court here.
Last month, the Ministry of Home Affairs said that it had no information about the death of BH Loya, who died in Nagpur in December 2014.
In a written reply to a query by KTS Tulsi on the issue, Union minister of state for home Hansraj Gangaram Ahir said in the Rajya Sabha that 'police' and 'public order' are state subjects under the 7th Schedule of the Constitution. "The Ministry of Home Affairs has no information in this regard," he said.
"We can't doubt the statements of the judicial officers who were with Judge Loya," top court bench, headed by Chief Justice Of India Dipak Misra, said. Read the story here.
"There is no merit in the petitions and there is no reason to doubt the statements of sitting judges. Attempt of the petitioners was to malign the judiciary," Supreme Court said, according to news agency ANI.
The top court referred to the petitions in the Judge BH Loya case as "scandalous". The Supreme Court also said further said it amounts to "criminal contempt".
