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The issues raised in pleas relating to CBI judge BH Loya’s death were “serious”, the Supreme Court said on Monday, but it also castigated a senior lawyer for bringing up BJP chief Amit Shah’s name in the case.
At the time of his death in 2014, Loya was hearing the Soharabuddin Sheikh fake encounter case.
The apex court, which said it would also took umbrage at senior advocate Indira Jaising, who during the hearing, inferred a possible future order that the apex court may gag the media in the case.
A Bench headed by Chief Justice Dipak Misra was hearing two PILs on Loya’s death. Crucially, the bench transferred to itself two other petitions pending at Nagpur and Mumbai benches of the Bombay High Court.
The Bench, also comprising Justices AM Khanwilkar and DY Chandrachud, restrained all high courts in the country from entertaining any petition relating to the case.
Loya, who was hearing the sensitive Sohrabuddin Sheikh fake encounter case, had allegedly died of cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend a wedding.
The Bench asked the parties to catalogue all those documents relating to Loya’s death that have not been filed so far, and submit them for its perusal on February 2, the next date of hearing. “We must look into all documents with utmost seriousness,” it said.
The Bench was irked when senior advocate Dushyant Dave, appearing for a Bombay lawyers’ body which has filed a PIL in the High Court there, mentioned the name of BJP president Amit Shah during the hearing, alleging that everything has been done to protect him (Shah).
“As of today, it is a natural death. Then, do not cast aspersions,” the Bench said, while considering the strong opposition on the issue by senior advocate Harish Salve, the counsel for the Maharashtra government.
Earlier, a bench headed by Justice Arun Mishra had recused itself from hearing two petitions — filed by Congress leader Tehseen Poonawalla and a Maharashtra journalist, BS Lone — on the issue, asking for the matter to be posted before “an appropriate bench”.
In pursuance of that order, these two matters were listed on Monday before the CJI-headed bench.
The four senior-most judges of the apex court — Justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph — had on January 12, met the media and questioned the manner in which sensitive cases were being allocated, the Loya case being one of them.
The encounter case
In the Sohrabuddin Sheikh encounter case, which was being heard by Loya, the BJP President, along with Rajasthan Home Minister Gulabchand Kataria, Rajasthan-based businessman Vimal Patni, former Gujarat police chief PC Pande, Additional Director General of Police Geeta Johri and Gujarat police officers Abhay Chudasama and NK Amin, have already been discharged.
The issue of Loya’s death had come under the spotlight in November last year after a media report quoting his sister had fuelled suspicion about the circumstances surrounding his death and its link to the Sohrabuddin case.
However, Loya’s son had on January 14 said in Mumbai that his father died of natural causes and not under suspicious circumstances.
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