SC seeks judge Loya's autopsy report, says matter needs bi-parte hearing

New Delhi: The Supreme Court on Friday asked the Maharasthra government to file the autopsy report into the death of former CBI judge BH Loya who died in mysterious circumstances in December 2014.

A bench of Justices Arun Mishra and Santana Gouder while describing the issue as a serious matter, asked the state government to file its reply by January 15. It said, "this matter requires bi-parte hearing rather than ex-parte"

At the time of his death, Loya was presiding over the CBI court hearing the alleged Sohrabuddin Sheikh fake encounter case. He died of cardiac arrest on December 1, 2014, according to hospital records, a day after he attended the wedding ceremony and reception of the daughter of fellow Judge Sapna Josh.

In 2017, the Caravan reported that Loya’s family members claimed that the 48-year-old’s death was suspicious.

Relying on a report in the Caravan Magazine, the lawyers’ association moved the Bombay High Court contending that Loya was under tremendous pressure while he presided over the alleged Sohrabuddin Sheikh fake encounter case.

Before the commencement of hearing senior counsel 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 asked Dave to specify why the Supreme Court should not hear the petition. 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. If the court goes ahead with the hearing, it may have implications before the high court."

Senior advocate Indira Jaising, who was also present in the courtroom, said she also had instructions from Bombay Lawyers' Association to pray that the top court should not hear this matter.

The Bench, however, went ahead and heard the matter and posted it for further hearing on Monday.