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Judge Loya case: SC Bench headed by CJI starts hearing

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Judge Loya case: SC Bench headed by CJI starts hearing

Above: Supreme Court; (inset) Judge Loya

Heated arguments between Chief Justice Dipak Misra and lawyers Dushyant Dave, Indira Jaising on Day 1 of hearing in the case

A three-judge Supreme Court Bench headed by Chief Justice Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud, on Monday (January 22) began hearing a petition that seeks an investigation into the mysterious death of special CBI judge BH Loya.

The assigning of the petition by the Chief Justice to a Bench headed by Justice Arun Mishra had, earlier this month, forced Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph to publicly protests against the ‘master of the roster’. Amid reports last week of the Bench of Justice Arun Mishra having recused itself from hearing the contentious petition, the case had been transferred to Court Number 1 of the Chief Justice last Saturday.

Judge Loya had died under mysterious circumstances on December 1, 2014 in Nagpur. At the time of his death, he was the presiding judge in the controversial Sohrabuddin Sheikh ‘fake encounter’ case in which BJP president Amit Shah was then a key accused.

On Monday, as the Bench began its hearing in the case it restrained all subordinate courts – high courts as well as trial courts – from entertaining any new petition relating to the mysterious death of Judge Loya while it also ordered that petitions related to the case currently pending in the Bombay High Court be transferred before it in the Supreme Court.

The proceedings once again saw antagonistic scenes and heated arguments between lawyers appearing for various parties in the case (senior advocate Harish Salve for the Maharashtra government, Dushyant Dave appearing for the Bombay Lawyers Association, Mukul Rohatgi and Indira Jaising representing other parties) and also with the Chief Justice.

Salve, appearing for the Maharashtra government, informed the Supreme Court that a discreet inquiry was conducted by his client to probe the death of Judge Loya and four judicial officers had concluded that there was no foul play involved. Salve also asserted that the special CBI judge had died of a cardiac arrest, a submission that senior advocate Mukul Rohatgi also concurred with during his submissions before the Bench.

Salve also submitted before the Bench a report prepared by the Maharashtra government on the death of Judge Loya, adding that these documents had also been presented before the Chief Justice of the Bombay High Court on November 23, 2017. The senior advocate also sought ot demolish claims made by the Caravan magazine which had first published an article raising questions on the circumstances in which Judge Loya died and speculating that the death was possibly a murder.

In his arguments, Salve claimed that the report filed by the judicial officers of Maharashtra on the death establish that Judge Loya had died of a cardiac arrest. He said that some other judges and a deputy registrar had accompanied Judge Loya to the hospital on the fateful day after he complained of uneasiness and that contrary to the claims made in the media report in question, there was nothing suspicious about the death of the judge at the Nagpur hospital.

However, Dushyant Dave, appearing on behalf of the Bombay Lawyers Association, contested the claims made by Dave, stating: “there are so many things which showed that he (Judge Loya) never checked in (at the hospital mentioned by Salve)” and that the security granted to Judge Loya had been withdrawn before his death.

Dave asserted that the allegations being made in the case are of a serious nature and need to be probed as he submitted: “First judge (in the Sohrabuddin Sheikh fake encounter case) was transferred, second judge (Judge Loya) was murdered and the third judge discharged him (BJP president and accused in the case Amit Shah).”

Rohatgi objected to Dave making his submissions in the case on grounds that he “is not a party in this matter” (the court was hearing the petition filed by Tehseen Poonawalla, who Dave was earlier representing but then recused himself after differences with Poonawalla over getting the case transferred from the Court of Justice Arun Mishra).

While Salve insinuated that the case was being “used” by certain individuals for possible vested interests, Dave shot back saying: “He (Salve) has destroyed the institution enough.”

As Salve and Dave engaged in a war of words, Justice Chandrachud tried to pacify the two senior advocates, saying: “There must be a sense of seriousness… this is a serious issue. You all have to assist the court.”

While Salve defended the report of the Maharashtra government on the death of Judge Loya that he had submitted before the Supreme Court, Dave hit back saying he had documents – accessed under the Right to Information – which contradict all claims made in this report.

Justice Chandrachud then said that the court would like to scrutinize every document related to the case – whether it is the report of the Maharashtra government or those being referred to by Dave. Harish Salve then asked the Bench to have Dave file his documents before the court.

Justice Chandrachud said that the court cannot decide on the matter based on reports in the newspapers over the suspicious death of Judge Loya and that it has to “look at all the circumstances of the case.”

As the Bench passed an order directing that all documents related to the case be filed with the Supreme Court and be taken on record, Dave and senior advocate Indira Jaising requested to be included as interveners in the case.

The Bench also directed for necessary orders to be issued to the Bombay High Court for transferring the cases listed before it and its Nagpur Bench in regard to Judge Loya’s death to the Supreme Court and said that the lawyers representing various parties in these cases are free to make their submission before the apex court.

At this juncture, as Harish Salve requested the court to direct petitioners in the case against making the documents – including the Maharashtra government’s report – public, Dave registered a strong protest, stating that the “entire institution is trying to save one person… Amit Shah”.

Salve objected to the name of the BJP president being dragged into the case and the inference being attached to it while he submitted that “we don’t have any record which shows that he (Judge Loya) was murdered… taking the name (of Amit Shah) in the court is not right.”

As Salve and Dave continued their verbal duel, Justice Khanwilkar urged the lawyers to not cast aspersions on individuals or on Amit Shah as he is not a party in the case.

Senior lawyer Jaising perhaps interpreted the court’s remark as an order against dissemination of information contained in the documents submitted before the Bench and dubbed the remark as being akin to gagging the media.

Referring to the Supreme Court’s recent verdict of not staying the release or upholding the ban imposed on the screening of the Deepika Padukone-starrer Padmaavat, Jaising burst into an argument, stating: “this court passed the Padmavati order to uphold freedom of speech and expression for media and now the court is telling the press to not report on this case.”

Jaising’s outburst was met with an immediate reprimand from Chief Justice Dipak Misra who shouted at the senior advocate, telling her that the court was hearing a petition on the need for an investigation into the suspicious death of a judge and not to examine freedom of speech and expression of the press. Jaising later apologised for her conduct.

The Bench then adjourned the proceedings till February 2.

Entertainment

Bharti Singh, Haarsh Limbachiyaa welcome second child after she’s rushed to hospital mid-shoot

Comedian Bharti Singh and her husband Haarsh Limbachiyaa welcomed their second child after she was rushed to hospital during a television shoot.

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Bharti

Popular comedian and television personality Bharti Singh and her husband, writer-host Haarsh Limbachiyaa, have welcomed their second child. The baby was born on Friday after Bharti was taken to the hospital following a sudden medical emergency earlier in the day, according to media reports.

Emergency during television shoot led to hospitalisation

As per available information, Bharti Singh was scheduled to shoot for the television show Laughter Chefs on Friday morning when her water broke unexpectedly. She was immediately rushed to a nearby hospital, where she later delivered her second child. No further details about the baby have been shared publicly so far.

The news of the delivery comes weeks after the couple announced Bharti’s second pregnancy on social media.

Pregnancy announcement and maternity shoot

Bharti Singh and Haarsh Limbachiyaa had revealed the pregnancy during a family vacation in Switzerland. A few weeks ago, Bharti also shared pictures from her maternity photoshoot, where she was seen wearing a blue silk gown with white floral patterns.

Sharing the photos online, Bharti wrote, “2nd Baby Limbachiya coming soon,” along with a baby emoji.

Family background

Bharti Singh and Haarsh Limbachiyaa became parents for the first time in 2022, when they welcomed their son, Lakshya.

The couple is among the most well-known faces on Indian television. Bharti is widely recognised for her comic timing and distinctive on-screen persona, while Haarsh has made his mark as a writer and host. Apart from their television work, the two also co-host a podcast together.

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India News

Renaming MGNREGA removes core spirit of rural employment law, says Shashi Tharoor

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Shashi Tharoor

Congress MP Shashi Tharoor has strongly criticised the renaming of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), saying the move strips the rural employment programme of its core essence. His remarks came after Parliament cleared the Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin) Bill, also referred to as the VB-G RAM G Bill.

Speaking to media, Tharoor said the decision to remove Mahatma Gandhi’s name from the scheme “takes out the heart” of the rural employment programme that has been in place for years. He noted that the identity and philosophy associated with Mahatma Gandhi were central to the original law.

Tharoor also objected to the way the new name was framed, arguing that it unnecessarily combined multiple languages. He pointed out that the Constitution envisages the use of one language in legislation, while the Bill’s title mixes English and Hindi terms such as “Guarantee”, “Rozgar” and “Ajeevika”, along with the conjunction “and”.

‘Disrespect to both names’

The Congress leader said that inserting the word “Ram” while dropping Mahatma Gandhi’s name amounted to disrespecting both. Referring to Mahatma Gandhi’s ideas, Tharoor said that for Gandhi, the concepts of Gram Swaraj and Ram Rajya were inseparable, and removing his name from a rural employment law went against that vision.

He added that the name of Lord Ram could be used in many contexts, but questioned the rationale behind excluding Mahatma Gandhi from a programme closely linked to his philosophy of village self-rule.

Protests over passage of the Bill

The VB-G RAM G Bill was passed by the Lok Sabha on December 18 and cleared by the Rajya Sabha in the early hours of December 19 amid protests from Opposition members. Several MPs opposed the manner in which the legislation was pushed through, with scenes of sloganeering and tearing of papers in the House.

Outside Parliament, members of the Trinamool Congress staged a sit-in protest near Samvidhan Sadan against the passage of the Bill. Congress also announced nationwide protests earlier this week, accusing the government of weakening rights-based welfare schemes.

Despite opposition criticism, the government has maintained that the new law will strengthen rural employment and livelihood security. The Bill raises the guaranteed employment from 100 days to 125 days per rural household and outlines a 60:40 cost-sharing formula between the Centre and states, with a higher central share for northeastern, Himalayan states and certain Union Territories.

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India News

Rahul Gandhi attacks G RAM G bill, says move against villages and states

Rahul Gandhi has criticised the G RAM G bill cleared by Parliament, alleging it dilutes the rights-based structure of MGNREGA and centralises control over rural employment.

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Rahul Gandhi

Leader of the Opposition Rahul Gandhi has launched a sharp attack on the Modi government after Parliament cleared the Viksit Bharat Guarantee for Employment and Livelihood Mission (Rural) Bill, commonly referred to as the ‘G RAM G’ bill. He described the proposed law as “anti-state” and “anti-village”, arguing that it weakens the core spirit of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

The new legislation, which is positioned as an updated version of MGNREGA, was passed amid protests by opposition parties and is expected to replace the existing scheme once it receives presidential assent.

‘Bulldozed without scrutiny’, says Rahul Gandhi

Rahul Gandhi criticised the manner in which the bill was cleared, saying it was pushed through Parliament without adequate debate or examination. He pointed out that the opposition’s demand to refer the bill to a standing committee was rejected.

According to him, any law that fundamentally alters the rural employment framework and affects crores of workers should undergo detailed scrutiny, expert consultation and public hearings before approval.

Claim of dilution of rights-based guarantee

Targeting the central government, the Congress leader said the proposed law dismantles the rights-based and demand-driven nature of MGNREGA and replaces it with a rationed system controlled from Delhi. He argued that this shift undermines the autonomy of states and villages.

Rahul Gandhi alleged that the intent behind the move is to centralise power and weaken labour, particularly impacting rural communities such as Dalits, OBCs and Adivasis.

Defence of MGNREGA’s impact

Highlighting the role of MGNREGA, Gandhi said the scheme provided rural workers with bargaining power, reduced distress migration and improved wages and working conditions, while also contributing to rural infrastructure development.

He also recalled the role of MGNREGA during the Covid period, stating that it prevented crores of people from slipping into hunger and debt. According to him, any rationing of a jobs programme first affects women, landless workers and the poorest communities.

Opposition to name change and provisions

The Congress has also objected to the renaming of the scheme, accusing the government of attempting to erase the legacy associated with Mahatma Gandhi. Opposition MPs staged a dharna within the Parliament complex, questioning provisions of the bill that they claim dilute the “soul and spirit” of the original law enacted in 2005.

Under MGNREGA, the government guaranteed 100 days of work in rural areas along with an unemployment allowance if work was not provided. The ‘G RAM G’ bill proposes to raise the guaranteed workdays to 125, while retaining other provisions. However, critics have flagged concerns over employment being linked to pre-approved plans.

The bill was cleared after a midnight voice vote in the Rajya Sabha, following its passage in the Lok Sabha amid protests and walkouts. It will become law once approved by the President.

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