Justice Loya's death a 'serious matter', says Supreme Court

Maricruz Casares
Enero 13, 2018

Mr Naik pointed out that the judge who took over the case, subsequently, within 29 days of the death of judge Loya, discharged Mr Shah from the case, accepting an application filed by him.

A Bench of Justices Arun Mishra and Mohan Shantanagoudar heard the matter today, and later adjourned it to Monday, January 15.

The plea was filed by Maharashtra-based journalist B R Lone.

At the outset, senior advocate Dushyant Dave representing Bombay Lawyers' Association said the high court was already seized of the matter and the top court should refrain from hearing the issue.

The bench, however, said it will look into the petitions but will also consider the objections raised. 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. Lone contended that a fair probe was needed into the "mysterious death" of Loya.

Poonawala, in his plea, said the circumstances revolving around the death of the judge were "questionable, mysterious and contradicting".

The case with major political overtones pertains to the killing of suspected gangster Sohrabuddin Sheikh and his wife Kausar Bi and their associate Tulsidas Prajapati in Gujarat in November 2005.

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The case was later transferred to CBI and the trial shifted to Mumbai.

To this, he said "the Bombay High Court is seized of the matter and in my opinion the Supreme Court should not hear this matter".

The Supreme Court on Friday said the alleged mysterious death of special CBI judge BH Loya is a 'serious matter'.

"We will not go by what the high court is doing".

"I have full faith in the judiciary".

He said he had told the senior advocate that he will not withdraw the petition as "I have full belief in the institution".

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