SC reserves judgement on plea for probe into Loya's death

The Supreme Court on Friday reserved its judgement on a plea for an independent probe into death of Mumbai judge B H Loya on December 1, 2014, as the Maharashtra government contended that the petitioners intended to target a political person by whipping up a frenzy on the facade of protecting judiciary and rule of law.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud concluded the hearing into the petitions filed by Congress sympathiser Tehseen Poonawalla, Maharashtra-based journalist B S Lone, and Bombay Lawyers Association, among others.

Giving his rejoinder arguments, senior advocate Mukul Rohatgi, appearing for the state government, submitted the petitioners wanted to keep the pot boiling to convey a message that everybody including, judges, police, doctors were compromised. He said that this pernicious practice has to be stopped at the threshold.

The judge, who was then hearing the Sohrabuddin Sheikh encounter case, had died in Nagpur where he had gone to attend marriage function of a colleague's daughter. BJP president Amit Shah, one of the accused, was subsequently discharged.

Rohatgi said the CJI as pater familias (head of a family) has got a duty to protect judges and to ensure that the rule of law flourished.

"If this pernicious tendency is allowed, the judiciary will not remain the same as the judges from district courts and Bombay High Courts have been targetted for giving statements in Maharashtra Intelligence chief's inquiry and finding nothing amiss," he said.

The matter relating to the death of judge Loya lay dead for them for three years until 'Caravan' magazine published "completely false" reports in November, last.

"See the extent to which the petitioners have gone. There is a limit to absurdity. One of them says all four judges, who were with Loya, are suspect. Another says he wants to cross-examine those judges and another one wants the court to initiate contempt proceedings against an administrative committee of the Bombay High Court," Rohatgi submitted.

"They asked why the discreet inquiry into death was concluded in three days instead of 30. Questions were asked why he was taken to a particular hospital and why he was taken in an auto-rickshaw, though he was taken in judges' car," he contended.