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techkenyot.com April 25, 2018


Judge Loya death: SC says 'serious matter,' needs bi-party hearing

13 January 2018, 05:38 | Glen Norman

The court was hearing two separate pleas seeking an independent probe into the death of judge Loya, who presided over the case in connection with the alleged staged encounter of suspected extortionist Sohrabuddin Sheikh.

A bench of Justices Arun Mishra and M M Shantanagoudar asked the Maharasthra government to file reply by January 15 when the next hearing will be held.

On January 8, the Bombay Lawyers' Association had filed a similar petition in the Bombay High Court, appealing for an investigation into Justice Loya's death.

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The Supreme Court on Friday said the mysterious death of CBI judge Brijgopal Loya is a serious issue and the Maharashtra government should produce all documents related to his death in the court by Monday. The judge was hearing the Soharabuddin Sheikh encounter case, and had demanded a response from the government of Maharashtra, in relation to the pleas that were seeking to have an independent probe in it. Justice Loya, who was 48 years old, had died in 2014 while attending a wedding in Nagpur.

Congress leader Tehseen Poonawalla, who had filed the petition, said just before his plea was to be heard this morning in the court of Justices Arun Mishra and M M Shantanagoudar, the senior advocate had pressurised him to withdraw the petition.

Since the Bombay Lawyers Association's case for a probe was also listed on Friday before the Bombay High Court, senior advocate Dushyant Dave, pleaded on its behalf, not to hear the case. "If the court goes ahead with the hearing, it may have implications before the high court".

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The court did not entertain the submission and said, "We will not come in the way".

Senior advocate Indira Jaising, appearing for journalist Lone, told the Court that she has also got instructions from the Bombay lawyers association that this matter should not be heard by the top court. We tried to persuade the CJI that some things are not in order and he needs to take remedial measures. "This is a serious matter", the bench said. "It should not be heard ex-parte, but bi-parte", the bench said. "In cases where prima facie material is available to investigate, it is absolutely necessary to order an inquiry". It said it also wants to see postmortem report of the judge's death.

In the encounter case, the BJP President along with Rajasthan Home Minister Gulabchand Kataria, Rajasthan-based businessman Vimal Patni, former Gujarat police chief P C Pande, Additional Director General of Police Geeta Johri and Gujarat police officers Abhay Chudasama and N K Amin, have already been discharged. Loya had alleged that he was under enormous pressure while hearing Sohrabuddin encounter case. The case was later transferred to CBI and the trial was shifted to Mumbai.

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