The sensational case of Special CBI judge BH Loya’s death in 2014 has taken an interesting twist in the Supreme Court. Now, a Bench headed by Chief Justice of India (CJI) Dipak Misra and Justices AM Khanwilkar and DY Chandrachud will start the hearing in the case, beginning January 22.
The change of Bench comes a week after another Bench of Justices Arun Mishra and MM Shantanagouder, hearing a PIL seeking enquiry into the judge’s mysterious death, recused itself and asked for putting up the matter before an “appropriate Bench” amid allegations by the four senior-most SC judges that the CJI was arbitrarily assigning politically sensitive cases to a bench of his choice.
The case relates to suspicions being raised on the death of the judge Loya while hearing the Sohrabuddin Sheikh fake encounter trial involving BJP president Amit Shah.
While the BJP president was acquitted in the case on December 30, 2014, the two PILs filed by Congress spokesperson Tehseen Poonawalla and journalist Bandhuraj Sambhaji Lone argued that Loya’s death on December 1, 2014 was not accidental. As claimed by his sisters who were interviewed as part of a news report, he was under tremendous pressure. His son, however, came out recently to deny any foul play behind the death.
But in the apex court, the case has attained spotlight for various reasons. The listing of the PIL on Loya case before a Bench of Justice Arun Mishra was openly criticised by the four senior most judges of the Supreme Court at a Press conference held on January 12. The four judges even met CJI on the morning of January 12 when the case was listed before Justice Arun Mishra and demanded it be withdrawn from that court.
Certainly, there were political overtones in the Loya case as it concerned, at one point of time, Amit Shah’s role in the conspiracy to eliminate notorious gangster Sohrabuddin when the former was the Home Minister of Gujarat. But this was not the lone case that was pushed by the CJI to the Bench of Justice Mishra. The four judges claimed that other politically sensitive cases too are being assigned to a particular bench.
But then, CJI Misra’s predecessor Justice JS Khehar had assigned a PIL relating to the controversial disclosures against top politicians in the Sahara-Birla diaries to Justice Arun Mishra, who dismissed requests for an independent probe.
Only two hearings have taken place in the PIL on judge Loya’s death but enough controversy has been generated. On January 12, the Bench headed by Justice Mishra was told that a PIL on the same issue was under consideration before the Bombay High Court filed by Bombay Lawyers Association. While this petition is yet to come up on January 23, two senior lawyers - Dushyant Dave and Indira Jaising - requested Justice Mishra not to take up the case. The Bench did not heed and terming it a “serious” matter, directed the Maharashtra Government to produce all records.
Last Tuesday, the records came in a sealed cover. The Bench headed by Justice Mishra directed the set of documents to be handed over to the two PIL petitioners. At the same time, it indicated that the matter may go to a different Bench on the next date by saying, “Put up before appropriate Bench.” Following this, the petitioners mentioned the case before CJI to list the matter. The CJI on Friday said the case will be taken up by the appropriate bench “as per roster”. On Saturday, the case was scheduled to be heard on Monday by a Bench headed by the CJI.