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Supreme Court rejects probe in Judge Loya’s death, BJP triumphant

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Supreme Court rejects probe in Judge Loya's death, BJP triumphant

There is no merit in plea for a probe in Judge BH Loya’s death and it was an attempt to scandalise judiciary, ruled the Supreme Court on Thursday, April 19.

The Supreme Court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said that the petitions were a “veiled attempt to launch a frontal attack on the independence of the judiciary” and that “there is no reason to doubt the statements of sitting Judge.”

The bench also said that the “petitioners’ conduct prima-facie constitutes criminal contempt,” but the court “would spare them of any contempt action.”

The bench said that the death was due to natural causes, that there is “absolutely no merit” in the public interest litigation (PIL) petitions alleging foul play in his death and there will be no probe.

The court said the statements of the judges who were with Judge Loya at his time of death could not be doubted: “We can’t doubt the statements of the judicial officers who were with Loya.”

Also, “Documents placed on record and their scrutiny establishes that Judge Loya’s death was due to ‘natural cause’.”

Records say that Judge Loya – the special CBI judge overseeing the investigation of the Sohrabuddin Sheikh fake encounter case in which BJP president Amit Shah was an accused – died of cardiac arrest in Nagpur in 2014. Shah was discharged from the case by Judge Loya’s successor in office.

Controversy over Judge Loya’s death arose following a report in Caravan magazine, which quoted his sister and father suggesting foul play and cover-up in the incident.

The Bombay Lawyers’ Association subsequently moved the Bombay High Court, seeking a probe in the matter. PILs were filed in the Supreme Court. The apex court transferred the petitions in Bombay HC to itself and heard all of them together.

CJI Dipak Misra referred to the Caravan report, mentioning Loya’s conversation with his wife. He said: “An attempt was made to scandalize this case.” He also referred to the evolution of the public interest litigation and how the PIL was misused, “which is a serious issue to look into.”

He said: “It is the duty of the court to look into the fact (as to) which PIL is genuine and which one is filed under the facade of political activity.”

The SC said PILs, which were meant to provide succour to the downtrodden and voiceless, have become a means to settle political and personal scores. It said the judiciary is unnecessarily being made to spend precious time looking into such PILs which leads to delay in giving justice in other cases.

The top court said the petitioners’ advocates Dushyant Dave, Indira Jaising and Prashant Bhushan launched a frontal attack on the judiciary by urging the SC to disbelieve the three judicial officers who accompanied Loya to Nagpur and stayed with him at a guest house, and who later said the judge died of a heart attack.

Justice Chandrachud observed that the petitioners used the Supreme Court and their PILs as platforms to malign the Bombay High Court judiciary and the judicial officers who were with Judge Loya at the time of his death. At one point, the petitioners even wanted to “cross-examine” the judges who were with Judge Loya on their statements that said he died of a cardiac arrest.

The judgment said the PILs were a “serious attack on the judiciary” and an attempt to “seriously scandalise” judges.

The petitioners created a facade that the PILs were meant to protect the independence of the judiciary by seeking a probe into the death of Judge Loya. The truth was that the petitioners wanted to sensationalise the death of a judge. The PILs were only a “veiled attempt to destroy the credibility of judiciary” with “scurrilous” claims.

Claims by petitioners that “one man” (Amit Shah) was controlling the judiciary was nothing but an attempt to undermine public faith in the judiciary and credibility of judicial process, the judgment said.

Justice Chandrachud said the petitioners should not use the courts to settle political scores. “Political rivalries should be settled in that great hall of democracy… Rule of law should not be reduced to a charade,” he observed.

The apex court said the petitioners’ claims and aspersions amounted to criminal contempt. But Justice Chandrachud said the court did not want to initiate contempt proceedings as judicial process should not be respected out of fear of contempt, but it is to be based on moral authority.

The court dismissed the Loya PILs, holding that there was no reasonable suspicion to show that Judge Loya’s death was unnatural.

BJP and Congress reactions

A triumphant BJP attacked the Congress, calling it the “invisible” hand behind the petitions and accusing it of trying to use the judiciary for “character assassination” of its BJP president Amit Shah.

BJP spokesperson Sambit Patra described the public interest litigations (PILs) seeking an independent probe into the death of Judge Loya as “political interest litigations”.

Patra noted that the Congress had held press conferences and its president Rahul Gandhi led a delegation of Opposition parties to the President seeking a probe. Patra said Gandhi should “apologise” and be ashamed” for his ”conspiracy” to target Shah and the Indian judiciary and democracy.

Patra tweeted, “The highest Court of the country throws out of window the lowest attempt to politicise the unfortunate heart attack of a Judge! No doubts on the veracity of the statements of the 4 judges, says the SC! While truth triumphs Rahul Gandhi loses face #SCslamsCongressOnLoya”

The Congress said that the Supreme Court judgment will raise more questions and leave many of them unanswered unless logical reasons were found in it.

“Dispassionate analysis of Loya judgment must await its full reasoning. But unless logical reasons found in it, it will raise more questions and leave many unanswered,” Congress spokesperson Abhishek Singhvi said on Twitter.

Singhvi said the apex court can remove suspicions only by dealing with them directly.

“Am prepared to accept a) heavy emphasis in SC Loya regarding veracity of accompanying judges b) anguish regarding scandalous arguments (c) initiation of contempt if it arises (d) provided it is accompanied by solid reasons rebutting the 7/8 suspicious circumstances raised. Absent that, above lamentations not enough,” he tweeted.

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Maharashtra elections: Milind Deora to fight against Aaditya Thackeray from Worli seat

The elections for the 288 Assembly seats in Maharashtra are scheduled for November 20, with the counting of votes set to take place on November 23.

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Maharashtra Chief Minister Eknath Shinde-led Shiv Sena has declared Rajya Sabha MP Milind Deora as its candidate for the Worli Assembly seat, setting the stage for a high-stakes battle against Shiv Sena (UBT) leader Aaditya Thackeray.

Taking to X on Friday, Deora said: “Chief Minister Eknath Shinde believes that justice for Worli and Worlikars is long overdue. Together, we’re paving the way forward and will share our vision soon. It’s Worli now!”

Deora, who recently switched from the Congress party to Shiv Sena due to feeling marginalised, was initially considered for the South Mumbai seat against Arvind Sawant of Shiv Sena and was expected to contest in the election. However, ultimately, another member from Shiv Sena’s Byculla constituency unsuccessfully vied for that seat.

The Worli constituency, which Thackeray won in his electoral debut in 2019, is now poised for a triangular contest, with Maharashtra Navnirman Sena’s (MNS) Sandeep Deshpande emerging as the third contender.

Aaditya Thackeray filed his nomination from the traditional Worli seat on Thursday, expressing his confidence to win in the upcoming state polls and hoping that people would bless him with their votes.

Speaking to ANI, he said, “I am very confident that the people will bless me because we are about to form government in Maharashtra and that is for sure. As you can see, this atmosphere is very good, you can see the love people are giving me.”

Thackeray’s interest in contesting from Worli prompted strategic moves by the party, including bringing Ahir into their fold and elevating him to the Legislative Council. Additionally, Shinde was similarly accommodated to ensure a clear path for Thackeray.

Releasing its first list of candidates on Tuesday, which included Chief Minister Eknath Shinde contesting from Kopri-Panchpakhadi in Thane city and more than half a dozen cabinet members from their respective seats, the ruling Shiv Sena also renominated almost all the MLAs who supported Shinde during his revolt against the then Chief Minister Uddhav Thackeray in June 2022. The party aims to contest a total of 45 seats in the state Assembly elections.

The Shiv Sena’s announcement comes shortly after its ally, the BJP, released a list of 99 candidates for the state Assembly polls.

The elections for the 288 Assembly seats in Maharashtra are scheduled for November 20, with the counting of votes set to take place on November 23.

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Rahul Gandhi slams PM Modi-led central government over terror attacks in J&K

According to reports, two soldiers and two civilians were killed when terrorists ambushed army vehicles in the Baramulla district of Jammu and Kashmir.

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Leader of Opposition in the Lok Sabha and Congress leader Rahul Gandhi on Friday slammed Prime Minister Narendra Modi-led central government over the recent terror attacks in Jammu and Kashmir.

The former Congress chief said that the NDA government’s policies have failed to establish security and peace in the valley.

“Contrary to their claims, the reality is that the J&K is living under the shadow of danger due to repeated terrorist activities, attacks on our soldiers and targeted killings of civilians,” Gandhi said in a post in Hindi on X.

The Congress leader asked the government to immediately take accountability and restore peace in the valley at the earliest and ensure the safety of the army and civilians.

Expressing his condolences, the Congress leader said: “The news of the martyrdom of our brave soldiers in the cowardly attack on an army vehicle in Gulmarg, Jammu and Kashmir is extremely sad.” Two porters also lost their lives in the attack, he added.

According to reports, two soldiers and two civilians were killed when terrorists ambushed army vehicles in the Baramulla district of Jammu and Kashmir.

Officials stated that a convoy transporting personnel from a Rashtriya Rifles unit, along with civilian porters, was en route to the Nagin post in the Afrawat range. The attack occurred when terrorists opened fire on two army trucks at Botapathri, approximately 6 kilometers from the tourist destination of Gulmarg.

National Conference president Farooq Abdullah also condemned the terrorist attack and said attacks like the one in Gulmarg would continue to occur until India and Pakistan found a way to be friends and that would end J&K’s troubles.

Speaking to reporters, Abdullah said: “Such attacks will continue to take place in this state. You know where they come from and it will not stop until some way is found to get out of this trouble. I have been witnessing it for the last 30 years, innocent people are getting killed.”

“We are not going to become a part of Pakistan. So, why are they doing this? To disrupt our future? To make us poorer?” he said.

Union Home Minister Amit Shah had on October 20 condemned the recent terror attack, in which two labourers were killed in Gagangir area of the Ganderbal district.

In a post on X, he said: “The dastardly terror attack on civilians in Gagangir, J&K, is a despicable act of cowardice. Those involved in this heinous act will not be spared and will face the harshest response from our security forces. At this moment of immense grief, I extend my sincerest condolences to the families of the deceased. Praying for the speedy recovery of those injured.”

Despite the Home Minister’s appeal, on October 24, seven people, including six non-local labourers and a local doctor, were killed in Kashmir’s Ganderbal district. The terror attack occurred when terrorists opened fire at the victims at the Z-Morh tunnel construction site.

Earlier on October 18, a labourer from Bihar was found dead in the Shopian district. His bullet-riddled body was found in the Wachi area of Zainapora.

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Cyclone Dana: West Bengal CM Mamata Banerjee says around 2 lakh people moved to relief camps, one dead

IMD added that isolated extremely heavy rainfall is expected over coastal Odisha and south Gangetic West Bengal (east & west Medinipur) on October 25.

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West Bengal Chief Minister Mamata Banerjee on Friday said around 2.16 lakh people have been evacuated from affected areas to relief camps, adding that one person has died during Cyclone Dana.

Addressing a press conference, Banerjee said some districts were affected badly after Cyclone Dana hit the areas here, especially ‘kaccha’ houses. She said all District Magistrates, police officers and concerned officials have been doing their best and the government coordinating with all of them from time to time.

“2.16 lakh people evacuated from affected areas to relief camps. I talked to an MLA, he informed me that Kapil Muni Mandir has been affected and faced massive waterlogging. I talked to all MLAs of affected districts,” she said.

On Thursday, Banerjee was personally overseeing every move from the State Emergency Operation Centre in Nabanna, ahead of Cyclone Dana.

India Meteorological Department (IMD) has stated that Cyclone Dana crossed the north Odisha coast as a severe cyclonic storm with a wind speed of 100-110 kmph gusting to 120 kmph. Isolated extremely heavy rainfall is highly likely over south Gangetic West Bengal, specifically in east and west Medinipur today.

The severe cyclonic storm Dana made landfall close to Habalikhati Nature Camp (Bhitarkanika) and Dhamara between 0130 hrs IST to 0330 hrs IST on October 25, with wind speeds of 100-110 kmph gusting to 120 kmph, said IMD.

IMD added that isolated extremely heavy rainfall is expected over coastal Odisha and south Gangetic West Bengal (east & west Medinipur) on October 25.

NDRF DIG Mohsen Shahedi said, “Reports are being compiled from the field by the SOC and shortly we will have the details. The normal services have also been restored. The air services have been resumed.”

Flight operations have now resumed at Netaji Subhash Chandra Bose International Airport in Kolkata. These services were previously suspended due to the effects of Cyclone Dana. Rains are being experienced in various parts of West Bengal as a result of the cyclonic activity.

Odisha Chief Minister Mohan Charan Majhi said that Cyclone Dana made landfall at midnight on the 24 and 25 October. During the landfall, the windspeed was 82-100 km/hour, he added.

“There has been no report of any casualty anywhere. We have achieved the target of zero casualty due to proper planning and execution. We have shifted more than 6 lakh people to safer places. Airport services have become normal. The first flight landed in Bhubaneswar at 9 am and all the road blockage will be cleared by 1 pm today,” the Chief Minister said.

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