Loya Death Case-Bombay lawyers association pleads SC to recall

Team SoOLEGAL 21 May 2018 5:08pm

Loya Death Case-Bombay lawyers association pleads SC to recall

The Supreme Court committed a grave error in rejecting its plea for independent probe in special judge B H Loya death case, Bombay Lawyers Association moved the court for recall its verdict.

The apex court had on April 19 ruled out any foul play in Loya’s death and dismissed a batch of petitions seeking probe. Relying on the discreet inquiry conducted by commissioner of state intelligence, the court had said there is no ground for the court to hold that there was a reasonable suspicion about the cause or circumstances of death which would merit a further inquiry.

A month after the court passed the verdict, the association filed review petition and contended that SC wrongly relied on the findings of the inquiry of state intelligence chief whose report appeared to be “sham and a clear attempt to obstruct justice”.

“The hurried enquiry by a police officer, howsoever high in ranking, is clearly insufficient in the facts of the case. This court, with respect, has committed error apparent on the face of the record and without sufficient reason discarded the Caravan articles overlooking the fact that the initiation of enquiry raised serious doubts about its independence and integrity,” the review petition said.

“It is submitted that enquiry must take place under any Law and in the absence thereof such an enquiry must be held as being a purely internal administrative enquiry. The death of a Judge demands an independent enquiry under Commission of Enquiry Act or an enquiry that may be ordered by the High Court or Supreme Court in exercise of its extraordinary jurisdiction. Such an enquiry proceeds in an open and transparent manner, unlike a secretive enquiry, conduced in the present case,” it said.

Responding to the strong observations made by SC in its judgement against petitioners’ lawyer for trying to malign the judiciary by questioning the statements of judges who were accompanying Loya on that fateful night, the review petition said that plea for probe was filed to protect the institution and not to demean it.

“The Petition was filed seeking merely an independent enquiry into the death of late judge Loya and such a petition can under no circumstance be treated as having been filed to attack the independence of Judiciary. The findings in Paragraph 70 to 75 (remarks against lawyers) of the judgment are, with utmost respect, error apparent on the face of the record and need to be deleted in the interests of justice,” it said.

Supreme court had said “The conduct of the petitioners and the intervenors scandalises the process of the court and prima facie constitutes criminal contempt. However, on a dispassionate view of the matter, we have chosen not to initiate proceedings by way of criminal contempt if only not to give an impression that the litigants and the lawyers appearing for them have been subjected to an unequal battle with the authority of law”.

Tagged: Supreme Court   Loya Death Case   Bombay lawyers association  
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