'Nothing Amiss', Maharashtra Tells SC on Judge Loya's Death

New Delhi:As senior counsel for the State of Maharashtra, Mukul Rohatgi appeared to have had his task cut out before the Supreme Court bench headed by Chief Justice Dipak Misra, which resumed its hearing on Judge B.H. Loya's death on 12 February.
With the counsel for the petitioner and the interveners on the questionable circumstances surrounding Loya's death on December 1, 2014 in Nagpur having had their turn, it was expected that Rohatgi, whose opposition to the plea for an independent probe into Loya's death was already known, would seek to demolish their claims one by one.
However, Rohatgi, who was attorney general for the Narendra Modi government till he resigned last year, surprised everyone by spending the first half of Monday's hearing on the petitioners and the interveners "lack" of locus standi to seek an inquiry into Loya's death.
"Whose public interest" is involved here, he repeatedly asked, questioning the credentials of the petitioners. He alleged that the petitioners and the interveners had a private oblique motive in this case - to scandalise the judiciary by raising the issue after three years. "If they were genuinely concerned because Judge Loya was conducting a sensitive trial, then somebody would have done something?" he asked.
Normally the court, he said, does not entertain petitions merely based on newspaper articles and hearsay evidence. Primary evidence must be brought, he said. "All these petitions are based on the Caravan magazine's article. None of them, on their own, took any effort to approach the government. Instead, they have followed a cut-and-paste approach."
Rohatgi, however, agreed that the petitions need not be dismissed at the threshold on this ground, perhaps realising that it was too late in the day to raise the question of maintainability of these petitions.
"There is nothing amiss. The state is satisfied with the discreet inquiry that it ordered. Don't keep it hanging by further enquiry," he told the bench.
The Maharashtra Intelligence Department, during its discreet inquiry, had recorded the statements of four judges, after getting due permission from the chief justice of the Bombay high court. The judges were Shridhar Kulkarni, Shriram Madhusudan Modak, deputy registrar of Nagpur bench of the high court, Rupesh R. Rathi, and a local judge, Vijaykumar Barde. On Monday, Rohatgi referred to the statements of these four judges.
The only way to order an inquiry, is to reject the statements of the judges, who were with Judge Loya, till the ambulance carrying his dead body left Nagpur for Gategaon, his native place, Rohatgi said. "These judges who were with him like his shadow from November 29 have issued statements pointing out that his death was natural. Their statements have to be totally rejected, and they must be treated as conspirators in the crime (if the court were to order an inquiry)", Rohatgi contended.
During Monday's hearing, the three judges on the bench - CJI Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud - took an unusual break for ten minutes about 25 minutes after the hearing began. They left the court, and resumed the hearing again, surprising those present in the court room.
Despite agreeing that the petitions could not be dismissed at the threshold stage, Rohatgi went on to describe the petitioners as absolutely cavalier and reckless in their allegations.
Justifying the post-mortem done on Loya, even though it was a natural death, Rohatgi explained that had he died in the hospital, it would have been easy to give a death certificate. "If someone died on arrival, the hospital cannot give a death certificate. A post-mortem has to be necessarily undertaken for this purpose. No consent is required of the family by the hospital for the post-mortem", Rohatgi argued.
Accusing the petitioners of not doing their homework before filing their petitions, Rohatgi claimed that they relied on hearsay evidence presented by the media, and then moved the Supreme Court; their counsel argued on the basis of the material that the state government supplied, he added.
Rohatgi alleged that the petitioners' counsel argued the case like an appeal (from a lower court), and they did not bother to read pleadings. "It is for ulterior purposes, that it is going on," he said.
hen Rohatgi claimed that the pending petition, transferred from the Bombay high court to the Supreme Court, and filed by the Bombay Lawyers Association, had no explanation on why nothing happened during the past three years on the issue, the BLA's senior counsel, Dushyant Dave, retorted: "It is the Supreme Court which brought it here."
Rohatgi said that if the BLA was aware of the suspicious circumstances - including the transfer of Loya's predecessor, J.T. Utpat, who was conducting the Sohrabuddin Sheikh trial, in which BJP president Amit Shah was an accused - someone would have had the material to approach the court earlier. But only after Caravan published the story did the BLA become active. "Who is standing behind the petitioner?" he asked.
When Justice Khanwilkar queried Dave on this point, he said in a Public Interest Litigation, technicalities are not relevant.
Rohatgi argued that the statements of the judges on Judge Loya's death constitute unimpeachable evidence. All the statements are signed by the judges, there is no transcribing, Rohatgi averred. Their statements, Rohatgi claimed, have contemporaneous value, as the judges were with Loya all the time, before his death.
Reading a statement of one of the judges, Rohatgi referred to the doubts expressed by the petitioners' counsel over the judges' claim that three of them, including Loya, slept in one room at the VIP Guest House, Ravi Bhavan, in Nagpur, between November 30 and December 1, 2014, and said:
Arguing that "you can't make castles in the air", Rohatgi claimed he was trying to convince the conscience of the apex court, and that there is no semblance of doubt that Loya died in the car itself (while moving from Dande hospital to Meditrina hospital, Nagpur, where Loya was declared dead on arrival).
Rohatgi argued that natural discrepancies in the statements of witnesses underline the essential truth of a story. "If every statement of the witnesses says the same same thing, it is a ground for suspicion," he suggested. "The judges went to the paan shop, had Nagpur's unique paan. Loya answered nature's call. He had the presence of mind to call a local judge before collapsing", Rohatgi said, while narrating the sequence of events preceding Loya's death. Answering the question as to why and how an ECG was done on Loya at Dande hospital, where it was claimed he was first taken after he complained of chest pain, Rohatgi said: "These are natural contradictions. Judges are laymen insofar as medicine is concerned."(Courtesy thewire.in)
Source: Agencies



No comments yet! Be the first one to leave a comment.

Add Comment


More Specials News

Poor Muslim unable to gets burial place in Hyderabad ..

Gag on Media, a threat to freedom of press ..

- 'Nothing Amiss', Maharashtra Tells SC on Judge Loya's Death
- Celebrate Telugu but don't ignore Urdu
- Goods Train derailment hit rail services
- Protesting Maharashtra doctors served ultimatum: resume duties or face suspensio
- Police keep strict vigil to prevent conduct of Jallikattu
- Bhopal encounter linked to the bogey of SIMI being raised in MP for long, says J
- Hyderabad police to keep tab on terror suspects
- Congress MLA Kista Reddy passes away
- Guidelines finalized for Recruitment, 6th paper on 'T' movement
- Skill building of DWCRA groups to generate economic activity: CM
- Has KCR family cleaned itself of its sins? Asks Ponnam
- Chinese Media criticizes Modi
- PUCL demands probe into encounters

Related News

Judge Loya death case: SC asks Maharashtra govt to give petitioners access to 'confidential' documents
Jan 16:The Supreme Court on Tuesday adjourned the hearing on two petitions seeking an independent probe into the death of CBI Spec .. read more
Judge Loya death case: SC takes over Bombay HC cases, bars HCs from entertaining related pleas
Jan 22:The Supreme Court on Monday ordered none of the high courts to hear petitions related to the death of Judge Loya while tran .. read more
Come and debate with us who is right in law, SC Bench tells Katju
New Delhi, Oct 17:?In a historic first, the Supreme Court on Monday took judicial notice of a personal blog of a retired judge of .. read more
Jayalalithaa's death to be probed by commission headed by retired judge: Tamil Nadu CM
Aug 17:Tamil Nadu Chief Minister Edappadi K Palaniswami announced that a commission headed by a retired judge will investigate the .. read more
"Chief Justice Mohit Shah made Rs 100 crore offer for favourable judgment" in encounter case against Amit Shah
Nov 21:The sister of the judge, who was presiding over the fake encounter case against the BJP President Amit Shah, has told a new .. read more

More Related News

- KCR requests Maharashtra to release water for Godavari Pushkaralu
- Egyptian court upholds death sentence against former president Morsi
- T-TDP to approach Supreme Court over irrigation projects
- Protesting Maharashtra doctors served ultimatum: resume duties or face suspension
- Sa Re Ga Ma Pa Li'l Champs winners: Shreyan Bhattacharya, Anjali Gaikwad jointly lift the trophy
- KTR is having links with drug peddlers: Revanth
- 'Cash for Vote' case: HC quashes Elvis' petition against
- Telangana jails have no gallows to hang Yasin Bhatkal

More Latest News:

- AAP MLAs' bail plea dismissed; party leaders slam Delhi police for raid at Kejriwal's house
- Sunanda Pushkar case: SC notice to Delhi Police on Subramanian Swamy's plea, Tharoor says let law take its own course
- BSF, Pakistani Rangers hold flag meeting, vow to maintain peace along international border in J-K
- Justin Trudeau in India: Amid Khalistan row, PM Modi says those challenging India's unity cannot be tolerated
- India's largest B2B hospital equipment expo begins in Hyderabad
- CM wants new Pattadar Passbooks linked with Aadhar
- Telangana to have exclusive varsity for women soon
- Telangana proposes monorail system for Warangal
- Telangana is now a vaccine hub, says KTR
- Under-age drivers face music in Hyderabad
- Heritage facade to come up in Hyderabad's Charminar area
- Top officials review Charminar Pedestrianisation project works
- Alina Zagitova gives OAR first Pyeongchang gold
- Darya Domracheva, Belarus handle heavy winds to win biathlon relay
- Formula One champion Lewis Hamilton more 'strategic' online after video row
- Canadian PM Justin Trudeau upset with invitation to Khalistani activist, India finding out how he got visa
- India more corrupt than China, better than Pakistan: Transparency
- Assault case: Delhi government staff to observe 5-minutes silence as protest every day
- Yogi Adityanath hate speech case: Allahabad High Court dismisses petition against UP CM
- Rachakonda CP Mahesh helps Civil Services aspirants online free of cost
- Is Telangana prepared for a water crisis?
- Depositors rush to Grameena Bank after news on scandal
- BioAsia to begin in Hyderabad from February 22
- TT scribe bags special jury award
- Realty firm marketing director held for forgery, cheating in Hyderabad
This page was created in 0.0192809104919 seconds