SC takes cognisance of Loya’s death, says its a serious issue

Minutes before four top judges of the Supreme Court revolted against Chief Justice of India Dipak Misra and cited a case relating to the death of Sohrabuddin fake encounter trial judge B M Loya as one of the sticking points, the SC agreed to examine the plea for an independent probe into the case.

While the SC noted that the death was a “serious issue”, senior advocates Dushyant Dave and Indira Jaising appeared before a bench of Justices Arun Mishra and M M Shantanagoudar with folded hands to point out that a similar petition has been filed by Bombay Lawyers’ Association in Bombay High Court which had already passed two orders. They said the HC was seized of the matter and asked the court not to take up the case filed by a journalist and a political activist seeking an independent probe into Loya’s death.

Fearing that any adverse order passed by the apex court would make the petition in the HC infructuous, Dave said, “I respectfully request the court with folded hands not to take up the case. Lordships should not hear the case.” Jaising pitched in and said she had instructions from the lawyers’ association to request the court not to hear the case.When the two lawyers insisted on continuing with their arguments, the bench said, “We have heard your views and now you sit down.” The bench then asked Maharashtra’s counsel Nishant Katneshwarkar to take instructions from the state government and directed him to place Loya’s post-mortem examination report and other relevant documents before the court on January 15 when it will take up the case for further hearing.

As carried in TOI

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