Mah opposes petitions seeking probe into Loya’s death in SC

Source: The Hitavada      Date: 10 Feb 2018 08:54:12




THE Maharashtra Government on Friday opposed in the Supreme Court the pleas seeking an independent probe of the death of special CBI judge B H Loya, terming them as ‘motivated’ and based on ‘yellow journalism’.
Loya, who was hearing the high-profile Sohrabuddin Sheikh encounter case, had died allegedly of cardiac arrest in Nagpur on December 1, 2014 when he had gone to attend the wedding of a colleague’s daughter.

“This hearing must come to an end after four judicial officers have recorded their statements. Either these judges will have to be believed or this court will have
to say that they all are lying,” senior Advocate Mukul Rohatgi, appearing for Maharashtra, told a bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud.

Rohatgi objected to the submissions of senior Advocate Indira Jaising, appearing for former Navy chief Laxminarayan Ramdas, and said that a person, who is seeking to intervene in the case, cannot be allowed to argue on facts and should confine oneself to the law. Jaising, who referred to sequence of events to highlight her submission that a probe was needed to rule out any foul play, alleged a trial court judge in the Sohrabuddin case was transferred in a ‘tearing hurry’.

Responding to her contention, Rohatgi said the trial in the case commenced six months back and that Jaising was raising the issue of the transfer of the judge hearing the case in 2014. He also referred to the apex court order that the special CBI judge hearing the case will not be transferred once the trial starts. “Do you want to say that I have filed a motivated application,” Jaising asked, adding that she did not care.
“Yes, this is a motivated petition based on yellow journalism,” Rohatgi replied, adding that judicial time should not be wasted in this manner. At the outset, Jaising referred to the first police report in the death of Loya, and said that requisites of the Code of Criminal Procedure (CrPC) were not followed.