Justice BH Loya's death is a serious matter, observes Supreme Court

Judge Loya’s son Anuj Loya

Judge Loya’s son Anuj Loya

The top court said, "This matter requires bi-party hearing rather than ex parte".

Lone's petition was mentioned before a bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud on January 11 and it sought a probe saying there were several contradictions emerging in the matter.

The bench asked Dave to specify why the apex court should not hear the petition. Hence the top court should not hear the matter.

Dave said he has been representing Bombay Lawyers' Association before the high court.

Acting on two petitions seeking an independent probe into the events and circumstances surrounding Loya's death, a bench of Justices Arum Mishra and Mohan M Shantanagoudar asked the Maharashtra government's counsel to bring all records for consideration on Monday. Advocate Anita Shenoy appeared for petitioner Maharashtra-based journalist Banduraj Sambhaji Lone.

Judge Loya, 48, who was hearing the Sohrabuddin Sheikh encounter case, had died on December 1, 2014, in Nagpur where he had gone to attend a wedding. In his plea, Poonawala contended that the circumstances around the death of the judge were questionable and mysterious. "The judiciary, if not protected, may be unable to fulfil its duty towards public at large", the petitioner said. "In cases where prima facie material is available to investigate, it is absolutely necessary to order an inquiry", the Congress leader said.

The bench then asked Katneshwarkar to file the post mortem report and other relevant documents regarding the death of Judge Loya besides taking instruction from the government.

A PIL seeking probe into the judge's death has also been filed before the Bombay High Court on January 8 by the Bombay Lawyers' Association. BJP president Amit Shah and senior police officers, who were accused in the case, were subsequently discharged.

On being enquired repeatedly, Justice Gogoi told the media that the press conference was prompted on the issue of appointment of judges in the case of death of special CBI Judge BH Loya.

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