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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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MEA responds after ITBP chief flags ongoing face-offs with China in Arunachal

India said deviations by Chinese forces from established patrolling patterns periodically disturb the situation along the Line of Actual Control, as the government addressed remarks by the ITBP chief about ongoing face-offs in Arunachal Pradesh.

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MEA

India on Friday said that deviations by Chinese forces from established patrolling patterns periodically disturb the situation along the Line of Actual Control (LAC). The Ministry of External Affairs (MEA) made the remarks amid reports of continuing face-offs between Indian and Chinese forces at multiple locations in Arunachal Pradesh.

MEA spokesperson Randhir Jaiswal addressed the issue during a regular media briefing on October 23, following remarks by Indo-Tibetan Border Police (ITBP) Director General Shatrujeet Kapur about the ongoing confrontations along the border.

“As we have noted in the past, the situation in the India-China border areas gets disturbed from time to time when Chinese forces diverge from established patrolling patterns,” Jaiswal said.

He also reiterated that maintaining peace and tranquillity in the border areas was essential for the overall development of bilateral relations between India and China.

MEA stresses diplomatic and military engagement

Jaiswal said India and China continued to use existing diplomatic and military mechanisms to resolve outstanding issues and prevent misunderstandings and miscalculations along the LAC.

He added that both countries had agreed to discuss ways to improve their understanding of the LAC in appropriate areas to strengthen border management.

The spokesperson did not elaborate on the specific confrontations mentioned by the ITBP chief, with further questions on the details referred to the Ministry of Defence, according to reporting on the briefing.

ITBP chief confirms ongoing face-offs in Arunachal Pradesh

A day before the MEA briefing, Kapur said face-offs between Indian and Chinese forces had occurred at several locations in Arunachal Pradesh in recent days and that the situation was continuing.

Speaking to ITBP personnel at a base in Alwar, Rajasthan, on Thursday, Kapur also discussed the force’s efforts to strengthen its operational capabilities along the border.

He said the ITBP had mobilised its newly raised Shaurya commando unit during the ongoing face-offs. He also highlighted the creation of drone platoons for border units and the development of a new training course to prepare personnel for battles similar to the 2020 Galwan Valley clash.

The remarks came as the ITBP continued its modernisation efforts, including a greater focus on specialised training and emerging warfare technologies.

Border management remains central to India-China ties

The latest statements underline the importance India places on maintaining peace along the disputed boundary while addressing unresolved issues through diplomatic and military channels.

India and China have continued engagements aimed at managing tensions along the LAC. However, reported confrontations at multiple locations in Arunachal Pradesh have brought the border situation back into focus.

The MEA reiterated that peace and tranquillity along the border remained essential for the broader development of bilateral relations, while emphasising continued engagement to improve border management.

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Delhi High Court rejects Neha Bora’s plea against peace bond notice

The Delhi High Court has rejected AISA president Neha Bora’s petition challenging a police notice requiring her to execute a peace bond following her participation in recent protests in the national capital.

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The Delhi High Court has rejected a petition filed by All India Students’ Association (AISA) president Neha Bora challenging a police notice that required her to execute a peace bond before a special executive magistrate.

Justice Subramonium Prasad pronounced the order on Friday, October 23, after reserving the verdict following arguments from both sides a day earlier.

The notice, issued by the Special Executive Magistrate in New Delhi district on October 17, directed Bora to appear before the magistrate and execute a personal bond of Rs. 10,000 with one surety to maintain peace.

The proceedings stemmed from her participation in protests in the national capital, including a gathering at Mandi House on October 16, amid demonstrations over alleged electoral fraud.

Why Neha Bora challenged the notice

Bora approached the High Court seeking to challenge the notice, arguing that it was ambiguous and factually incorrect. Her petition also alleged that the proceedings infringed her fundamental rights under Articles 19 and 21 of the Constitution.

She contended that the notice did not provide sufficient material to establish a likelihood of a breach of peace. It also failed to specify the period, occasion or event in connection with which the authorities apprehended such a breach, according to her petition.

Bora’s counsel further argued that she had organised a separate gathering at Mandi House and was not involved in the Cockroach Janta Party’s protest call at Central Park in Connaught Place on October 16.

The petition sought relief against the notice and the proceedings arising from it.

What the police told the court

During the hearing, Additional Solicitor General Chetan Sharma, appearing for the Delhi Police, referred to 12 instances of alleged violations involving Bora and argued that the proceedings were preventive in nature.

The police also referred to a gathering at which activist Prashant Bhushan and Cockroach Janta Party leaders allegedly called for a change of regime.

Bora’s counsel countered that she had attended a separate protest at Mandi House and that statements made at a gathering could not automatically be attributed to her.

The arguments centred on the basis for initiating preventive proceedings and the allegations cited in the notice.

Neha Bora was detained during a protest on October 16

Bora was detained on October 16 while taking part in a flag march with AISA activists demanding the resignation of Chief Election Commissioner Gyanesh Kumar. She was released at around 6 am on October 17.

The peace bond notice was issued on October 17, the day she was released from detention. It directed her to appear before the special executive magistrate and explain why she should not be required to furnish the bond.

The notice referred to allegations including raising slogans during the Mandi House protest, participating in repeated protest-related activities around Jantar Mantar despite prohibitory orders, and encouraging people to join an unauthorised demonstration at Central Park in Connaught Place.

Bora disputed aspects of the allegations in her court petition, including the claim that she had instigated people to participate in the Central Park demonstration.

What happens after the court’s decision

With the High Court rejecting Bora’s petition, she has not obtained the relief she sought against the police notice. The notice requiring her to execute the peace bond remains in effect, according to reports on the court’s decision.

The dismissal concerns her challenge to the notice. The allegations cited in the preventive proceedings should not, by themselves, be treated as findings that she committed an offence.

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PM Modi to inaugurate Rs 169-crore RBI data centre in Odisha on October 25

Prime Minister Narendra Modi is scheduled to visit Odisha on October 25 to inaugurate the Reserve Bank of India’s Rs. 169-crore data centre in Jatni, near Bhubaneswar.

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Prime Minister Narendra Modi is scheduled to visit Odisha on October 25 to inaugurate the Reserve Bank of India’s (RBI) Rs. 169-crore data centre at Info Valley-II in Jatni, on the outskirts of Bhubaneswar.

According to the tentative itinerary shared by the Odisha Chief Secretary’s office, the Prime Minister is expected to arrive at Biju Patnaik International Airport in Bhubaneswar at around 4:30 pm aboard a special Indian Air Force aircraft. He will then travel by helicopter to the Khurda helipad before proceeding by road to the RBI facility for the inauguration.

The Prime Minister is likely to spend around an hour at the facility before returning to Bhubaneswar and departing from the state at approximately 6:30 pm.

RBI data centre to strengthen financial infrastructure

Spread across 18.55 acres, the new data centre is designed to strengthen the RBI’s data management, disaster recovery, cybersecurity and business continuity capabilities.

The facility will support critical central banking functions, including currency management, payment and settlement systems, and regulatory operations. It is also expected to serve as a backup to the RBI’s existing data centre in Navi Mumbai.

The new facility will be the RBI’s second data centre of this kind, following its existing centre in Navi Mumbai.

Why the data centre is located in Jatni

The site at Info Valley-II was selected for its geographical stability. According to an official, its location away from seismically active zones and high-risk international border areas is intended to reduce exposure to natural disasters and geopolitical vulnerabilities.

The project is intended to help maintain the continuity of essential RBI operations while strengthening the security and resilience of India’s financial infrastructure.

The foundation stone for the facility was laid by then RBI Governor Shaktikanta Das on March 22, 2023.

PM Modi’s ninth Odisha visit since 2024

The October 25 programme is expected to be Prime Minister Modi’s ninth visit to Odisha since the BJP government was formed in the state in 2024, according to Odisha BJP vice-president Jatin Mohanty.

Chief Minister Mohan Charan Majhi and Chief Secretary Anu Garg have reviewed preparations for the Prime Minister’s scheduled visit.

The inauguration is part of efforts to strengthen Odisha’s digital infrastructure. The project is also expected to support the state’s ambitions in technology and electronics manufacturing, as stated by the BJP leader.

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