The death of judge BH Loya in 2014 while deciding on murder charges against BJP president Amit Shah will not be investigated. Supreme Court on 19 April said that there would be no probe into Judge Loya death. Rejecting petitions for an independent investigation into Judge BH Loya case, the Supreme Court said, “These petitions are scandalous”
The Supreme Court judgment slammed the petitioners for “maligning” the judiciary.
Here is what court said
A three-judge Bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud heard the petitions amidst criticism that the Supreme Court intends to “throw away” the PILs. The PILs are a misuse of judicial process and time,” Justice Chandrachud said.
Referring to submissions made by petitioners that Justices Chandrachud and Khanwilkar should recuse from hearing the case because they were from the Bombay High Court, the court said “it amounts to “scandalising the judiciary.”
“PILs are brazenly misused for personal agenda or finishing off political rivals. The PILS in this case were a facade to malign the dignity of judicial officers and Bombay High Court judges.”
“All litigation concerning circumstances of death of Judge Loya is concluded. Supreme Court decision is final,” the apex court said.
What is the Justice Loya case?
Loya, who was presiding over the trial of Amit Shah and Gujarat police officers in the “fake” encounter of Sohrabuddin Sheikh and his wife Kauser Bi, died on December 1, 2014, in Nagpur.
Initial reports claimed he had a heart attack.
Here are top five facts on the Judge Loya case
Medical records show Judge Loya died of a cardiac arrest. Judge Loya’s family alleges that days before his death, he was offered Rs. 100 crores as a bribe to rule in favour of the BJP chief.
About two weeks after Judge Loya died, the judge who replaced him in the Sohrabuddin case discharged Amit Shah and ruled out a trial.
The family’s doubts have been rubbished by officials and doctors present during Judge Loya’s last few hours alive. A judge who was with him, Justice Bhushan Gavai, said there was no sign of any cover-up or mystery about how he died.
Justice Gavai countered the family’s claim that Judge Loya was transferred to hospital in an autorickshaw and without appropriate supervision. The judge was driven to a local hospital with a court official and a judge from Mumbai, he told NDTV.
The CBI had alleged that Amit Shah, as Home Minister of Gujarat, ordered the extra-judicial killings of Sohrabuddin Sheikh, a petty criminal in Gujarat, his wife, and their friend who was a witness to Sheikh’s killing in 2005.
Many politicians and eminent personalities tweeted after top court’s verdict
SC bench headed by CJI dismissed the petitions seeking Indep Inquiry into Judge Loya’s death,saying there’s no reason to disbelieve 2 Bombay judges who said(w/o affidavit)that 3 judges slept in room with 2 beds. This despite the ECG &Histopath report falsifying Heart attack story
— Prashant Bhushan (@pbhushan1) April 19, 2018
Will have to wait till one reads the whole judgment on the specifics. But Caravan magazine stands by each of its 22 stories. The stories speak for itself. And we will follow journalistically the qns that continue to puzzle the circumstances of Judge Loya’s death.
— Vinod K. Jose (@vinodjose) April 19, 2018
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