After Dissent, Chief Justice To Hear Judge Loya Case Tomorrow: 10 Points
The judges went public after the Loya case was assigned to two judges including Justice Arun Mishra -- number 10 in the Supreme Court's pecking order -- and MM Shantanagoudar.
Chief Justice Dipak Misra will hear the much controversial Judge Loya Case on Monday
New Delhi: A bench headed by Chief Justice of India Dipak Misra will hear a case tomorrow that seeks an independent investigation into the death of Judge BH Loya. This was one of the sensitive cases that triggered a virtual rebellion by four of the most senior judges of the Supreme Court and was reassigned after a suggestion by the two judges hearing it. Judge Loya died of a heart attack in December 2014 while hearing a case in which BJP chief Amit Shah was accused. Mr Shah was discharged by a judge who took over the case. The petitions were filed in the top court after his family questioned the death.
Here are the top 10 points about the dissent in the Judge Loya Case:
The two other judges in the Chief Justice Dipak Misra's bench are Justice DY Chandrachud, second to the Chief Justice in seniority and Justice AM Khanwilkar. On Saturday, the bench had taken over the case and fixed the date of hearing.
Justice DY Chandrachud was one of the four judges who questioned the assignment of the cases by Chief Justice Dipak Misra last week. At an extraordinary press conference held on his lawns on January 12, he and the other judges had said that cases of "far reaching consequences" were being assigned to junior judges.
The judges went public after the Loya case was assigned to two judges including Justice Arun Mishra -- number 10 in the Supreme Court's pecking order -- and MM Shantanagoudar. The dissenting judges had confirmed that their complaints include the case concerning the death of judge Loya.
Later, at a closed-door meeting of judges to resolve the issue, Justice Arun Mishra had broken down, saying he was "unfairly" targeted. Justice Chelameshwar, however, reassured him.
On Friday, the two-judge bench headed by Justice Arun Mishra had said the case be "put up before the appropriate bench" and left the decision to Chief Justice Dipak Misra.
Judge Loya, 48, died in Nagpur in December 2014, while hearing a case that accused BJP chief Amit Shah of ordering the fake encounter of a petty criminal, Sohrabuddin, in 2005. Several weeks later, the judge who replaced judge Loya, ruled that there was no evidence against Mr Shah to merit a trial.
Two months ago, judge Loya's relatives alleged that his death was unnatural. Speaking to the Caravan magazine, judge Loya's sister Anuradha Biyani cited bloodstains on his clothes. Another relative alleged that Judge Loya was offered a huge bribe. But the police and a judge who was with Judge Loya during his last hours, rubbished the family's claims.
Later, activist Tehseen Poonawala and a journalist from Maharashtra, BS Lone, filed petitions in the Supreme Court, seeking an independent inquiry into the judge's death.
On Sunday, Judge Loya's son Anuj Loya said the family has no suspicions now regarding his father's death and the matter was being politicised. "There was some suspicion before due to emotional turmoil, but now it is clear," Anuj Loya told reporters.
The Maharashtra government has already submitted documents related to the death of Judge Loya -- including postmortem details and a 50-page intelligence report -- to the Supreme Court in a sealed cover. The state government said it was going through the report to see what is safe to put out in public domain.
