Will hear Loya case dispassionately, says Supreme Court

New Delhi: Observing that the death of CBI special judge B.H. Loya was a “serious issue”, the Supreme Court on Monday called for the entire records of the case and said it will examine the materials dispassionately and objectively before deciding whether to order a further probe into his mysterious death.

A three-member bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud orally observed: “If a judge in the district judiciary has died and there are several media reports urging us to look at it and intervene, it becomes serious enough for us to examine the issue dispassionately.

“But we can’t press our hands only on the basis of media reports. We will have to look at the matter with a sense of objectivity and we assure you about that.”

The bench also cautioned lawyers not to refer to the name of BJP president Amit Shah and to cast aspersions on him as he was not before the court.

The bench, asking all the parties in the matter to submit the documents available with them in a sealed cover, also transferred to itself for hearing two writ petitions that are pending before the Bombay High Court. The bench also restrained all High Courts, including the Bombay High Court, from entertaining any similar plea until it decides on the matter one way or the other.

The order came after senior advocates Harish Salve and Mukul Rohatgi, appearing for the Maharashtra government, submitted a confidential inquiry report to the Supreme Court. Mr Salve informed the bench that after the publication of various media reports, a discreet inquiry was instituted to examine the circumstances in which Judge Loya had died in December 2014.

Attempt to conceal facts: Counsel
The order came after senior advocates Harish Salve and Mukul Rohatgi, appearing for the Maharashtra government, submitted a confidential inquiry report. 

He said going by the report, four judicial officers who accompanied Loya to the hospital after he complained of chest pain have denied any foul play in their statements. 

Both Mr Salve and Mr Rohatgi pointed out that the report was unequivocal and pleaded that the inquiry report, including the statements of judicial officers given as witness, should not be made public. Senior counsel Dushyant Dave, appearing for the Bombay High Court Advocates Association, said he was intervening in the matter. He alleged that the reports were contradictory and an attempt was being made to conceal the real facts and highlighted that Judge Loya was trying the politically sensitive Sohrabuddin Sheikh encounter killing case when he was found dead under “mysterious circumstances”.