Loya Case: Supreme Court Will One Day “Eat Its Words”, Says Former ASG

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Judge Loya, who was hearing the Sohrabuddin Shaikh fake encounter case in a CBI court in Mumbai, died in mysterious circumstance on 30 December 2014 in Nagpur.

Caravan News

NEW DELHI: The Supreme Court of India will one day “eat its words” in the CBI judge Loya case as it had to do in the Union Carbide case, said senior advocate and former Additional Solicitor General of India, Indira Jaising. She was commenting on the recent judgment of the apex court rejecting all petitions for probe into the December 2014 death of Special CBI Judge BH Loya who was presiding over the Sohrabuddin Shaikh encounter case in Mumbai.

After about three-month hearing of several petitions seeking independent probe into Loya’s death, the apex court bench headed by Chief Justice Dipak Misra on 19th April ordered that there was no need of any probe as the death was natural. The bench relied on the statements of four judges of Bombay High Court.

Speaking in Kochi, Kerala in the ‘Hot Seat’ event organized by the All-India Professionals Congress on the topic “Judiciary: Vanguard of Democracy”, Indira Jaising said the Supreme Court was not in a position to conclude that the death of judge Loya happened due to natural causes. The documents and statements could not have been treated as evidence without being put to cross-examination, she said. The court did not act fairly by foreclosing all questions relating to the death of judge Loya, she further said.

The senior lawyer hoped that the apex court will one day “eat its words” in the Judge Loya case as it had to do with respect to the settlement of criminal cases made in the Union Carbide case, reported LiveLaw.in.

Judge Loya was presiding over the 2005 Sohrabuddin encounter case of Gujarat in which BJP president Amit Shah and several IPS officers of the state were accused. Within a month of Judge Loya’s death in the intervening nigh of 30th Nov – 1st Dec. 2014, Shah was discharged by the same CBI court.

About three years after his death, some family members of Judge Loya, including his father and sisters raised questions over the circumstances surrounding his death. The Caravan Magazine published a series of investigative stories highlighting discrepancies in the medical and other documents related to Judge Loya’s death.

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