Loya case verdict: ‘Attempt to malign judiciary, attack on independence’ – 10 takeaways from Supreme Court order

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New Delhi | Published: April 20, 2018 1:57:24 PM

The Supreme Court's much-awaited verdict on Justice Brijgopal Harkishan Loya death case on Wednesday held that there would be no independent probe in the matter.

loya, loya death case, judge loya, justice loya, loya case, loya death, justice loya case, judge loya, loya full name, Brijgopal Harkishan Loya, Supreme court, amit shah, loya case top developmentsThe Supreme Court’s much-awaited verdict on Justice Brijgopal Harkishan Loya death case on Wednesday held that there would be no independent probe in the matter.

The Supreme Court’s much-awaited verdict on Justice Brijgopal Harkishan Loya death case on Wednesday held that there would be no independent probe in the matter. The apex court dismissed pleas to probe the death of the CBI special judge who was hearing Sohrabuddin Sheikh fake encounter case. According to reports, Loya had died of cardiac arrest in Nagpur on December 1, 2014 when he had gone to attend the wedding of a colleague’s daughter.

BJP President Amit Shah 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 acquitted in the Sohrabuddin Sheikh fake encounter case. On March 16, a bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud had reserved the judgement on the petitions seeking an independent probe into the death of Judge Loya.

Here are top takeaways from what the SC said in its verdict in Justice Loya death case:

1. SC said that attempts were made to scandalise judiciary by levelling serious allegations against judicial officers and judges of Bombay High Court.

2. The top court said that with these petitions, it becomes clear that a real attempt and frontal attack was made on the independence of judiciary.

3. The apex court said frivolous and motivated litigations have been filed to settle political rivalry.

4. The three-judge bench said that the petitioners have launched a veiled attempt to malign the judiciary and the credibility of judicial institutions has also been questioned.

5. The top court bench criticised attempts by senior advocates Dushyant Dave, Indira Jaising and Prashant Bhushan for making insinuations against judges including that of the apex court.

6. The Supreme Court also took serious note of Bhushan’s plea that two of its judges Justices A M Khanwilkar and D Y Chandrachud should recuse themselves from hearing the matter as they come from Maharashtra and must be knowing all judges of the Bombay High Court concerned with case.

7. The apex court said that the four judicial officers, who accompanied special CBI judgeLoya to the hospital after he complained of chest pain in early hours on December 1, 2014, acted in “good faith” to ensure medical treatment to their colleague and their conduct cannot be questioned.

8. Delivering its 114-page judgement, the court held that all litigations concerning the circumstances of death of judge Loya is concluded with this verdict. In all, there were five petitions including those filed by Congress leader Tehseen Poonawala and Maharashtra-based journalist B S Lone seeking an independent probe into Loya’s death.

9. The Supreme Court rejected the claim of activist- lawyer Prashant Bhushan that no electrocardiogram (ECG) of judge B H Loya was conducted at Nagpur’s Dande hospital, where he was initially taken for treatment after he complained of chest pain.

10. Supreme Court said that the petitioners misused the PILs in Justice Loya case. It pointed that there has been “brazen mis-utilisation” of PILs, especially at the behest of political or business rivals.

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