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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.

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Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

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West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.

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Centre assures action on LPG supply disruption, court closes distributors’ plea

The Bombay High Court closed a plea by LPG distributors after the Centre assured diplomatic efforts to stabilise supply amid global disruptions.

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LPG cylinder

The Union government on Tuesday informed the Bombay High Court that it is taking diplomatic steps to address disruptions in Liquefied Petroleum Gas (LPG) supply linked to the ongoing Iran-Israel conflict, following which the court disposed of a petition filed by LPG distributors.

Appearing before the Nagpur bench, Solicitor General Tushar Mehta said the Centre was actively engaged in international-level negotiations to stabilise LPG supply. However, he noted that specific measures could not be disclosed due to their sensitive nature.

The matter was heard by a division bench comprising Justices Anil S Kilor and Raj D Wakode. The bench accepted the government’s assurances and closed the plea.

Distributors flagged supply disruption in Vidarbha

The petition was filed by six LPG distributors, including Omkar Sales, who raised concerns over disruptions in supply chains across Maharashtra’s Vidarbha region. They claimed the situation had led to a significant shortage of LPG for domestic consumers.

The distributors, dependent on Confidence Petroleum India Ltd (CPIL), alleged that despite directives prioritising domestic consumption, LPG was being diverted for export to capitalise on high international prices.

Government cites policy compliance, CPIL denies diversion

The petitioners referred to recent orders issued under the Essential Commodities Act and the Natural Gas (Supply Regulation) Order, 2026, which mandate prioritising household LPG supply during crises.

However, CPIL rejected the allegations, stating it was fulfilling pre-existing export commitments and had not violated any policy norms.

Court had earlier termed issue ‘serious’

During earlier hearings, the court had described the matter as “serious” and of “grave importance”, issuing notices to the Centre and the Ministry of Petroleum and Natural Gas.

On Tuesday, the Centre reiterated that macro-level supply challenges arising from global geopolitical tensions were being handled through diplomatic channels. It also said that any localised supply issues could be resolved by state authorities.

Taking note of these submissions, the bench disposed of the petition.

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Om Birla likely to move motion to revoke suspension of 8 opposition MPs today

The Lok Sabha is likely to revoke the suspension of eight opposition MPs today, with a motion expected to be moved by the government following consensus on maintaining discipline.

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Om Birla

The suspension of eight opposition Members of Parliament in the Lok Sabha is expected to be revoked on Tuesday, with Speaker Om Birla likely to initiate the process, according to sources.

The MPs, including seven from the Congress and one from the CPI(M), were suspended on February 3 for unruly conduct during the first phase of the Budget session after a resolution was adopted by the House.

Motion to be moved in Lok Sabha

Congress leader K Suresh said that Parliamentary Affairs Minister Kiren Rijiju is expected to move a motion around noon seeking revocation of the suspensions.

Although the suspension was initially imposed for the entire session, scheduled to conclude on April 2, opposition parties have consistently demanded reconsideration since the second phase of the session began on March 9.

Agreement on maintaining decorum

At a recent meeting convened by the Speaker, both ruling and opposition sides reportedly agreed on maintaining discipline in the House.

Key understandings include:

  • No member will enter the well of the House to protest
  • Papers will not be torn or thrown toward the Chair
  • MPs will not climb onto officials’ tables

The Lok Sabha Secretariat has also reminded members to keep areas within the Parliament premises obstruction-free to ensure smooth movement.

Speaker raises concern over conduct

Earlier, Om Birla had expressed concern over the use of banners, placards, and inappropriate language by some MPs. In a letter to party leaders, he stressed the need to uphold the dignity and traditions of parliamentary democracy.

He had also indicated that actions like suspension are taken in cases of serious misconduct, such as climbing onto tables during proceedings.

Suspended MPs

The suspended MPs include Gurjeet Singh Aujla, Hibi Eden, C Kiran Kumar Reddy, Amarinder Singh Raja Warring, Manickam Tagore, Prashant Padole, Dean Kuriakose (Congress), and S Venkatesan (CPI-M).

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