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Judge Loya death case: Lawyer says hospital reports replete with conflicting “facts”

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Judge Loya death case: Lawyer says hospital reports replete with conflicting “facts”

The Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar, D Y Chandrachud on Friday (February 9) continued hearing of the plea seeking independent probe into the mysterious death of Justice B G Loya who was handling the Sohrabuddin Seikh fake encounter case.

Senior advocate Indira Jaising started her depositions on Friday. She said she would be dealing with two different sets of submissions, one dealing with facts and the other dealing with the law.

She referred to Section 174 of the CrPC and emphasized on the “accident” as mentioned in the bare provision. Accidental death report raises a doubt, she submitted. She said that the provision of the sub section 3 of the relevant section has been clearly violated. She said relatives include brother, sister, children and spouse under the explanation of the section.

On page 90 of the report that provision has been violated, she said.

She said that accidental death has been reported in the very first police document. There has been an error in the name here. While the judge’s actual name was Brij Gopal Loya, in ten documents it has been mentioned as Brij Mohan Loya. This raises doubts, she said.

According to provision of law, immediate intimation was supposed to have been given to the nearest executive magistrate (for accidental death). She said that this page immediately triggers section 174. Also, that the name of the deceased has been wrongly mentioned is a suspicious thing.

She refers to Inquest Panchnama which has not been reproduced.

She submitted that in page 23 (death investigation report) the inquest panchnama has not been produced. This pertains to his personal belongings. She said that there is a discrepancy even where the clothes are described. One document says brown pants and another says grey pants.

A copy of the post mortem report has been given along with the missing page.

She referred to time of postmortem which was done between 10:30 and 10:55am. She also submitted that on page 25 of the postmortem report this correction of the name has been referred to.

The name of the police station varies too.

Also, the case diary, which is most critical, has not been produced. Cause of death was coronary artery insufficiency. That was the postmortem report. Yet, this was mentioned as an accidental death.

She said that the final report and inquest report does not comply with section 174 CrPC. SS Gajang was the inquiry officer.

She then came to the ECG. When was it done? Why has the report not been produced, she asked. “And why was it on 2/2/2016 and not earlier?” she asked.

She said that there were several reasons to suspect the inquiry. She asked why the ECG report was not produced even though it was a case of a heart attack. Was it done at the Dande or at the Medetrina hospital? That too is not clear.

The statement that an ECG was done is actually as per hearsay.

  1. ECG not produced
  2. Statement made contradicts the statement made by a judge RR Rathi. That, so far, is the most credible statement of the case.

And Rathi, who is an eye witness, has stated that ECG was not done as the machine was broken.

Jaising submitted that when Justice Loya complained of chest pains, he was taken to Dande hospital. The lift was not working so he climbed the stairs. An assistant doctor attended him, who tried to do the ECG but was unsuccessful because the machine was broken.

The assistant doctor gave two injections of antacids and wasted time. RR Rathi, being an eye witness says no ECG was done.

However, Dr Dande, being a hearsay witness says ECG was done.

After continuous complain, Justice Loya was taken to Medetirina Hospital where he was declared dead due to heart attack.

This contradictory statement raises questions.

She submitted that the cause of death under Section 174, which was to be submitted, is not known. The clinical history is not known and therefore it is uncertain to tell that what was the cause of death.

Statement of judge Rathi is of most important  as he considers the death of Loya as unfortunate.

The judge’s sister, who is a doctor has gone on record saying he had no history of cardiac problems. She has said that has had a clean clinical history. Also, no doctor at either hospital had recorded any history of the patient.

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

A spokesperson from the Navy told the media that eleven crew have been rescued so far.

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

Indian Navy officials on Friday said that an Indian fishing vessel with a crew of 13 collided with an Indian Naval submarine near the Goa coast. 

Following the incident, a massive search and rescue operation has been launched by the Indian Navy, which has deployed six ships and aircraft. Reportedly, while 11 crew have been rescued, two are still missing.

The Ministry of Defence issued a statement and said that the vessel, Marthoma, collided with a Scorpene-class submarine about 70 nautical miles off the Goa coast. It added that search and rescue efforts for the remaining two are underway and are being coordinated with Maritime Rescue Coordination Centre Mumbai (MRCC). It further mentioned that additional assets including from the Coast Guard have been diverted to the area to augment the efforts.

The statement said that the cause of the incident is being investigated. Notably, Scorpene-class submarines are a major part of India’s naval power in the Indian Ocean as they can undertake multifarious types of missions, including anti-surface warfare, anti-submarine warfare, intelligence gathering, mine laying, and area surveillance.

Reports said that the state-of-the-art technology utilised for the construction of the Scorpene-class submarines has ensured superior stealth features such as advanced acoustic silencing techniques, low radiated noise levels, hydro-dynamically optimized shape and the ability to launch a crippling attack on the enemy using precision-guided weapons. Furthermore, the attack can be launched with both torpedoes and tube-launched anti-ship missiles, whilst underwater or on the surface.

Meanwhile, the Indian Navy in its statement said that 13 crew members were aboard the fishing vessel at the time of the collision. It added that while 11 crew have been rescued so far, two fishermen are still reported missing.

A spokesperson from the Navy told the media that eleven crew have been rescued so far. He stated that search and rescue efforts for the remaining two crew members of Marthoma are in progress and are being coordinated with the Maritime Rescue Coordination Centre (MRCC), Mumbai. Additional assets including from the Coast Guard have been diverted to the area to augment the efforts, he continued.

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10 Naxalites killed in encounter in Chhattisgarh’s Sukma

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area.

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Ten Naxalites were killed in an encounter with security forces in the Sukma district of Chhattisgarh on Friday.

The confrontation started in the morning within a forest area under the jurisdiction of the Bhejji police station, where a joint operation was being conducted by security personnel as part of an anti-Naxalite initiative, according to Inspector General of Police (Bastar Range) Sundarraj P. 

This operation was initiated following intelligence regarding the presence of Maoists connected to the Konta and Kistaram area committees, situated in the forested regions around Korajguda, Dantespuram, Nagaram, and Bhandarpadar villages.

So far, the bodies of ten Naxalites have been recovered at the scene. Additionally, a significant cache of weapons was seized, including an INSAS rifle, an AK-47, and a Self Loading Rifle (SLR). 

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area. This incident contributes to the year-to-date total of 207 Naxalite fatalities recorded in various clashes across the Bastar region of Chhattisgarh, comprising seven districts. 

On Wednesday, Chhattisgarh Chief Minister Vishnu Deo Sai met with Union Home Minister Amit Shah in the national capital, North Block. Their discussion focused on developmental progress in Naxal-affected areas of Chhattisgarh and efforts aimed at enhancing peace and stability in these regions. 

The Chief Minister emphasised that both the state government and security forces are diligently working to eradicate Naxal influence in Chhattisgarh, aligning with the Union Home Minister’s commitment to eliminate Naxalism by 2026.

“I met with Union Home Minister Amit Shah and updated him about the Naxal activities in Chhattisgarh. Over the past 11 months, close to 200 Naxals have been neutralized, and approximately 600-700 have surrendered. We are making significant strides towards the goal set by the Prime Minister and Home Minister to achieve a Naxal-free India by March 2026,” CM Sai told reporters following the meeting.

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Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah.

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Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The Canadian government clarified that there is no evidence to connect Prime Minister Narendra Modi or his top officials to any criminal activity in Canada, including the killing of Khalistani terrorist Hardeep Singh Nijjar.

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah. The media report further alleged that PM Modi, External Affairs Minister S Jaishankar, and National Security Adviser Ajit Doval were informed about the plan.

Nonetheless, the same report acknowledged that the Canadian government had no direct evidence to support these claims against PM Modi. Issuing a statement, the Canadian government distanced itself from these allegations, mentioning that there was no substantiating evidence.

The statement underlined that on October 14th, because of a significant and ongoing threat to public safety, the RCMP and officials took the extraordinary step of making public accusations of serious criminal activity in Canada perpetrated by agents of the government of India.

It added that the government of Canada has not stated, nor is it aware of evidence, linking Prime Minister Modi, Minister Jaishankar, or NSA Doval to the serious criminal activity within Canada. It remarked that any suggestion to the contrary is both speculative and inaccurate.

Earlier, India furiously rejected the Canadian daily’s report as ludicrous, terming it detrimental to diplomatic ties that have been frosty since Canadian Prime Minister Justin Trudeau first accused India of involvement in Nijjar’s killing last year.

Ministry of External Affairs spokesperson Randhir Jaiswal said that they do not normally comment on media reports, but such ludicrous statements made to a newspaper purportedly by a Canadian government source should be dismissed with the contempt they deserve. He added that smear campaigns like this only further damage our already strained ties.

Diplomatic ties between India and Canada weakened when the Royal Canadian Mounted Police (RCMP) accused Indian government agents of involvement in criminal activities on Canadian soil, including murder, extortion, and intimidation. As the diplomatic rift intensified, both the countries expelled top envoys in response.

Hardeep Singh Nijjar was gunned down outside a gurdwara in Surrey, British Columbia, in June 2023. Earlier in 2024, Canadian authorities arrested and charged four Indian nationals for the murder.

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