Judge Loya Death Case: SC Hearing to Continue on February 5

During the Supreme Court hearing today on pleas seeking an independent investigation into the death of CBI Special Judge Brijgopal Harkishan Loya, Advocate Dushyant Dave appealed the court to call Loya’s family members to ascertain facts in the case. As the arguments remained inconclusive, the apex court listed the next hearing on February 5.

The Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud is hearing the petitions in this regard.

Dushyant Dave and Indira Jaising are the counsel representing the petitioners, while Harish Salve and Mukul Rohatgi are representing the respondents, the Union of India and the Maharashtra state government.

Dushyant Dave urged for a cross-examination of four judges who claimed that Judge Loya had died of “massive heart attack” and there is “no foul play”, in a recently conducted discreet inquiry by the Maharashtra government when media reports appeared on Loya’s death.

Judge Loya officially died of a cardiac arrest on December 1, 2014, in Nagpur, when he had gone to attend a wedding. At that time, Loya was hearing the high-profile case involving alleged staged encounter killing of Sohrabuddin Sheikh, in which the BJP National President Amit Shah was one of the accused. Later, judge M B Gosavi, who took over the trial of the case, had discharged Shah and some others accused.

In November, last year, when media reports raised questions about the “mysterious” death of Judge Loya, the issue came to spotlight.

While two petitions have been filed with the Supreme Court in this matter – one by Tehseen Poonawalla, a Congress party leader and other by Bandhuraj Sambhaji Lone, Maharashtra based journalist, three more intervening applications – by Former Chief of Naval Staff, Admiral Ramdas, by the Youth Bar Association of India (YBAI) and by the All India Lawyers Union (AILU) were filed with the Supreme Court, as of now, demanding an independent probe into Judge Loya’s death.

On January 22, while hearing the petitions in the case, the apex court had barred other high courts from hearing any petition with regard to Judge Loya’s death and transferred to itself similar petitions pending with the Bombay high court.

Earlier, the Bombay high court was hearing the writ petition filed by Nagpur based RTI activist Suryakant Lolage, which sought investigation in the deaths of Judge Loya and advocate Shrikant Khandalkar to be conducted outside Maharashtra. Khandalkar was working with the Nagpur bench of Bombay high court when he was found dead in the Nagpur District court premises on November 29, 2015.

The main opposition Congress party had demanded an independent investigation by SIT which should not include any CBI or NIA officer in this sensitive matter. In a press conference on January 31, Congress leader Kapil Sibal raised various questions. Sibal introduced lawyer Satish Uike as a whistle-blower in this case who had revealed to him that Judge Loya had been handed over a “draft order” with a direction to approve it before October 31, 2014. He further said that Uike was given a copy of the “draft order” by Loya himself.

Lawyer Uike was introduced to Judge Loya by Advocate Shrikant Khandalkar and retired District Judge Prakash Thombre – both of them underwent mysterious deaths after Loya’s death.

Satish Uike, who was also present at the press conference, claimed that the post-mortem report of Judge Loya was tampered with.