NEW DELHI: Minutes before four top judges of the
Supreme Court revolted against Chief Justice of India Dipak Misra and cited a case relating to the death of
Sohrabuddin fake encounter trial judge B M
Loya as one of the sticking points, the SC agreed to examine the plea for an independent probe into the case.
While the SC noted that the death was a "serious issue", senior advocates Dushyant Dave and Indira Jaising appeared before a bench of Justices Arun Mishra and M M Shantanagoudar with folded hands to point out that a similar petition has been filed by Bombay Lawyers' Association in Bombay High Court which had already passed two orders. They said the HC was seized of the matter and asked the court not to take up the case filed by a journalist and a political activist seeking an independent probe into Loya's death.
Fearing that any adverse order passed by the apex court would make the petition in the HC infructuous, Dave said, "I respectfully request the court with folded hands not to take up the case. Lordships should not hear the case." Jaising pitched in and said she had instructions from the lawyers' association to request the court not to hear the case.
When the two lawyers insisted on continuing with their arguments, the bench said, "We have heard your views and now you sit down." The bench then asked Maharashtra's counsel Nishant Katneshwarkar to take instructions from the state government and directed him to place Loya's post-mortem examination report and other relevant documents before the court on January 15 when it will take up the case for further hearing.
"It is a serious matter and we will examine the case. We will also look into the documents. Place those documents before us," the bench said.
Loya died on December 1, 2014 in Nagpur where he had gone to attend a wedding. He was the
CBI judge hearing the Sohrabuddin fake encounter case, which was transferred by the SC from Gujarat to Mumbai in September 2013. The next trial judge acquitted
Amit Shah and others in the fake encounter case on December 30, 2014.
Though some reports have claimed suspicious circumstances around Loya's death, his son Anuj Loya and Bombay HC judge Justice Bhushan Gavai had said there were no unusual circumstances in the death of the CBI judge.
