SC to hear on Tuesday plea for recall of Judge Loya case judgment
New Delhi, July 28 : The Supreme Court will hear, on July 31, a plea of Bombay Lawyers Association seeking a review and recall of its judgment that held that Special CBI Court Judge B.H. Loya had met with natural death and that a PIL was misused for advancing political agenda and to scandalise the judiciary.
A bench headed by Chief Justice Dipak Misra, which had earlier rejected the plea for a SIT probe into the judge's death, will hear the plea on Tuesday.
The top court in its April 19 judgment had said: "It gives a sense of anguish that the proceedings were converted to scandalise the judiciary bordering on contempt."
The Bombay Lawyers Association was one of the petitioners who pleaded for a Special Investigation Team probe into the death, which the Supreme Court declined.
When Judge Loya died of a cardiac failure on December 1, 2014, he was conducting a trial in a case related to the alleged staged shootout killing of Sohrabuddin Sheikh in November 2005.
Now Bharatiya Janata Party President Amit Shah was one of the accused in the case but was later discharged.
The recall plea filed by senior counsel Dushyant Dave said that the "judgment and order passed by this court requires serious reconsideration and upon such reconsideration deserve to be recalled in the interest of justice and in larger public interest".
He contended that the top court committed an error by relying on the report of Commissioner, Intelligence -- a police officer -- who had conducted an enquiry and reached the conclusion that Judge Loya died of natural causes and that the case did not require an independent investigation.
"It is submitted that in this country, statements made before police officers are not admissible in the eyes of law. Therefore, the inquiry report could not have been placed on a higher pedestal than what law permits and demands," said the plea.
Holding as "erroneous" the finding that the Maharashtra government was authorised to hold an inquiry, the review plea contended that it was a "purely internal administrative inquiry" which was "secretive" and without any legal footing.
The death of Judge Loya demands an "independent inquiry" under the Commission of Enquiry Act, 1952, or ordered by the High Court or Supreme Court in exercise of its extraordinary powers.
Such an "open and transparent" inquiry, the review plea said, should be in accordance with the principles of natural justice, involving the summoning of witnesses, cross-examining them, recording evidence and permitting parties to adduce evidence.
This point was advanced before the top court in the course of the hearing of PILs that sought SIT probe into Judge Loya's death but were rejected.
That the judgment needs to be recalled, the review plea says "in as much as it proceeds on the premise that once statements of the judges are recorded by the Commissioner Intelligence, the same must be accepted and cannot be questioned by anybody".
Questioning the veracity of the statements of the judges in the Judge Loya death case, the plea maintained that "such questioning does not amount to either disrespect of the judges, much less a wanton attack on the independence of judiciary".
The inquiry report prepared by the Commissioner Intelligence, the review plea said, "when viewed in the light of freely recorded video interviews of Judge Loya's father and sisters, appears to be a sham and a clear attempt to obstruct justice".
"The father and the sisters had spoken about the pressure on late Judge Loya (and) the offers of bribe to him," said the review petition.
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Tirupati Laddu controversy an 'attack' on Hindu sentiments: Swami Avimukteshwaranand Saraswati
Patna, Sep 24: Swami Avimukteshwaranand Saraswati, the Shankaracharya of the Jyotish Peeth in Uttarakhand, on Tuesday termed the Tirupati Laddu Prasadam controversy an "attack" on Hindu sentiments and demanded strict action against all those involved.
The shankaracharya was in Patna as part of his nationwide 'Gau Raksha Yatra'.
Talking to PTI Video here, Avimukteshwaranand Saraswati said, "The incident is an attack on Hindu sentiments….it’s an attack on the faith of crores of Hindus. It’s a part of organised crime. It is a big betrayal done to Hindu community…this must be probed thoroughly and strict action should be taken against all those involved in this."
"It’s not appropriate to call it a controversy… it is more than that. One Mangal Pandey refused to open the greased cartridges from mouth during the 1857 revolt, it created a revolution in the country. But today it was put in the mouths of crores of Indians….it's not a small thing. Investigation into the matter should not be delayed. We Hindus just cannot forget this incident", said Avimukteshwaranand Saraswati.
While expressing concern over cow slaughter in the country, he demanded a law to check cow slaughter.
"We want a countrywide ban on slaughter of cows and also demand a stringent law to check it...It's quite disturbing that the export of beef is increasing day by day in the country. The Central government must take proactive steps in this regard. On one side Prime Minister Narendra Modi plays with cows and feeds peacocks at his official residence and on the other side the export of beef is increasing in the country…," he said.
"We don't have much expectations from politicians on this front", he said, adding they can't think for the betterment of Hindus.
"All politicians take an oath to remain secular when they become part of a political system... We have decided to organise all Hindus to check clow slaughter in the country...," he said.
On the question of opposition parties' demand for conducting caste-based census in the country, he said, "There is nothing wrong in it…The matter should not be politicised. The caste-based census must be conducted so that the government can take steps for the betterment of people belonging to socially weaker sections of the society.
When asked about the controversy over the Centre's move to amend the Waqf Act, Avimukteshwaranand Saraswati said, "Such properties are meant for the welfare of humanity….We request them (custodian of Waqf properties) to provide us Waqf land and we will convert them into cow grass fields. It will be a great service to humanity."
