Place Loya’s Case before an Appropriate Bench: Justice Misra-led Bench Asks CJI

Team SoOLEGAL 17 Jan 2018 10:40am

Place Loya’s Case before an Appropriate Bench: Justice Misra-led Bench Asks CJI

The crisis in Supreme Court doesn’t seem to end anytime soon, as a bench of Justices Misra and Mohan M Shantanagoudar on Tuesday said in an order, that the CBI judge B H Loya death case be placed before an appropriate bench.

During Tuesday's SC proceedings, the bench headed by Justice Misra said, "Let the documents be placed on record within seven days and if it is considered appropriate, copies be furnished to the petitioners. Put up before appropriate Bench." These observations clearly suggest that the judges were preparing to recuse themselves from the case.

What’s interesting is that the observations came a day after Justice Misra had an emotional breakdown at the customary morning meeting of SC judges on Monday. The judge had asked the four most senior judges why they had cast aspersions on him.

“The only thing I have earned in my life is reputation and you have tried to attack it. I made it to the top court on the strength of my knowledge of the Constitution and law and deserved better from my seniors,” Justice Misra also said.

He asked the Maharashtra government to hand over copies of all documents and medical reports relating to Loya's death to the petitioners.

At the time of his death, on December 1, 2014, Loya was hearing the case of the allegedly fake encounter of inter-state gangster Sohrabuddin Sheikh in which BJP chief Amit Shah was an accused along with several others. Shah was subsequently discharged from the case.

Senior advocate Harish Salve, appearing for Maharashtra, readily accepted the court's suggestion and said the state had no objection in giving the reports to the petitioners. He, however, asked the petitioners not to make them public.

Loya's case was one of the many contentious issues brought up on Friday by the mutinous four, who had called an unprecedented press conference to express their displeasure at the way the CJI was allotting cases, allegedly to benches of his preference.

After the controversy, Loya's family on Sunday said they did not want to be victims of politicisation and urged all parties to refrain from taking advantage of the situation. Judge Loya's son, Anuj, said there was nothing suspicious in his father's death. "We have no suspicion over my father's death. I had suspicions earlier but now it is over," he said, adding that he did not want any probe.

Tagged: Loya Case   Supreme Court   CJI Dipak Misra     
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