New Delhi: The Supreme Court on Friday was told that the procedure followed by police in the wake of special CBI Judge BH Loya's death and the circumstances surrounding it was in breach of the criminal code that requires police to either lodge an FIR and file a closure report.
Telling the bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud that the procedure followed to inquire into the death of judge Loya in Nagpur was in violation of Section 174 of the Code of Criminal Procedure, senior counsel Indira Jaising took the court to the contradictions and discrepancies in the report submitted by Maharashtra government.
Pointing to the lacunae in the police probe after judge Loya's death on December 1, 2014, she said that he had no clinical history of cardiovascular or any other ailments like hypertension or diabetes or any other disease.
He was a teetotaller and led an active life playing tennis every day for two hours, the court was told.
Ms Jaising told the bench that similarly his family too had no history of any ailment cardiac, hypertension or diabetes, and subsequently referred to the statement by his son seeking probe into the death of his father.
The top court was told this in the course of the hearing of two petitions and other intervention applications seeking independent probe into the death of Special CBI Court judge Loya who was holding trial in the Sohrabuddin Sheikh staged shoot out case.
Judge Loya had died on December 1, 2014 in Nagpur where he had gone to attend a wedding. In Sohrabuddin Sheikh staged shoot out case, the now, BJP president Amit Shah was one of the accused but later discharged in the case.
As Jaising dwelt upon these aspects, senior counsel Mukul Rohatgi, appearing for Maharashtra, took exception to the extent an intervener can be allowed to dwell into various aspects of a criminal case.
A visibly displeased Mr Rohtagi took exception to the extent of the area covered by Ms Jaising. He wondered if all the four judicial officers who have given statement saying that judge Loya had died a premature but natural death were lying.
Mr Rohatgi said that what Ms Jaising was saying was "ill-founded" and she was promoting "yellow journalism" but she retorted: "Yellow, blue, red. That's your choice. Choose whichever colour you want."
Another counsel appearing for All India Lawyers Union, urged the court that trial court judges hearing high profile cases should get security cover.
As he told the court there should be cooling off period before a former judgers is picked up for some other responsibilities and PIL promoting political gains should be discouraged, the court said that he was expansding the scope of the PIL before it.
The hearing will continue on February 12 when senior counsel Rohatgi will lead the arguments for Maharashtra government.
Telling the bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud that the procedure followed to inquire into the death of judge Loya in Nagpur was in violation of Section 174 of the Code of Criminal Procedure, senior counsel Indira Jaising took the court to the contradictions and discrepancies in the report submitted by Maharashtra government.
He was a teetotaller and led an active life playing tennis every day for two hours, the court was told.
Advertisement
The top court was told this in the course of the hearing of two petitions and other intervention applications seeking independent probe into the death of Special CBI Court judge Loya who was holding trial in the Sohrabuddin Sheikh staged shoot out case.
Advertisement
As Jaising dwelt upon these aspects, senior counsel Mukul Rohatgi, appearing for Maharashtra, took exception to the extent an intervener can be allowed to dwell into various aspects of a criminal case.
Advertisement
Mr Rohatgi said that what Ms Jaising was saying was "ill-founded" and she was promoting "yellow journalism" but she retorted: "Yellow, blue, red. That's your choice. Choose whichever colour you want."
Advertisement
As he told the court there should be cooling off period before a former judgers is picked up for some other responsibilities and PIL promoting political gains should be discouraged, the court said that he was expansding the scope of the PIL before it.
Advertisement
COMMENTS
Advertisement
NDTV Impact: Probe Team Ordered Over Minister's Role In Disappearance Supreme Court Creates History, Gives Senior Advocate Tag To Manipur Lawyer "Will Suspend All Freebies Unless...": Supreme Court's Warning To Maharashtra 2 French Rafale Jets Collide Mid-Air, Instructor, Pilot Missing Tear Gas Fired After Kolkata Protest Against Doctor's Rape-Murder Turns Violent "Pivotal Moment": Key Doctor Body Resumes Strike 2 Days After Calling It Off Rahul Gandhi's Seat At Red Fort Triggers Fresh Congress Attack On BJP Monkeypox Virus Killed 548 People In This Nation Since Start Of 2024 Tiger Attacks 5 After Escaping From Rajasthan's Sariska Tiger Reserve Track Latest News Live on NDTV.com and get news updates from India and around the world.