Judge B H Loya
Concluding its submissions in the Supreme Court on petitions seeking an independent probe into CBI judge B H Loya’s death, the Maharashtra government Friday launched a scathing attack on the petitioners, stating that the “whole purpose” of the petitions is to “tarnish the image of judiciary and target one individual”. Meanwhile, the bench headed by Chief Justice of India Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud on Friday reserved their judgment in the matter.
During the hearing, senior advocate Mukul Rohatgi, representing the state of Maharashtra, told the bench, “Your lordships are at the apex of the Indian judiciary. And the Chief Justice is the paterfamilias. Don’t allow anyone to allege anything in the court of law about members of the judiciary…” Rohatgi made the remark after he summarised his submissions that the petitioners have levelled “serious allegations” against the members of lower judiciary and High Court, who accompanied Loya, when he was taken to hospital.
“Your lordships are not making a medical appraisal…you are looking at a sequence of events..The petitioner has argued the four judges are a suspect. Another petitioner says he wants to cross examine the judges. He has further alleged that the administrative committee (of Bombay HC) was acting in an unusual manner. These are not arguments for upholding the rule of law but it is for destruction of rule of law….they pointed fingers at two judges (hearing the case) that they belong to the same state. These are serious allegations against the judges. These are innuendos…It is an obligation for the CJI that the judges remain fierce and independent and dismiss the petition,” Rohatgi argued. He argued that the petition has been filed three years after Loya’s death “to target one individual”.
“The PIL has been filed after three years. The fourth year has been spent in reconstructing what happened and what could have happened. But the aim of these petitions is not to protect the rule of law but to target one individual …If an inquiry is directed, the media will have a field day again…,” Rohatgi argued.