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Judge Loya death case: CJI says there will be ground for suspicion if Section 174 CrPC has not been duly complied with

Published

8 years ago

on

supreme court

The Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar, D Y Chandrachud on Monday (February 12) continued hearing the plea seeking independent probe into the mysterious death of Justice B G Loya who was handling the Sohrabuddin Seikh fake encounter killing case.

In Monday (February 19) senior advocate Mukul Rohatgi, representing the State of Maharashtra, continued his defence.

He said that the whole of 30th, they (the judges) stayed in Nagpur AND MOVED TO Ravi Bhawan that night. At night the judge (Loya) had complained of distress and was rushed to Dande hospital where they spent 15-20 minutes and an ECG was taken.

Waikar also reaches there, continued Rohatgi. “There they met Dr Pankaj Harkutt who is a cardiologist and are advised to go to Medetirina which is 2-2.5 km from there. Unfortunately at the next hospital he was declared “brought dead”, hence he did not die in Medetirina.

“If we had to discount everything what the four judges said then we have the postmortem report. The postmortem was done in a government hospital and then the body was taken to Ghategaon,” he said.

Then Rohatgi was back at castigating the published article. He said: “The intention behind the appearance of the article is questionable itself.” He referred to page 19 and submitted the Marathi version first. “Whatever is written in the article appears to be false and unverified, which appeared three years after the death.”

Then Rohatgi read out a postmortem report – Department of Forensic Science, Govt of India, Nagpur report. “As per police, at 1:12 am he suddenly complained of chest pain. At 4:00 am, he was brought to the hospital and was declared dead.”

Also, the report talks about the jurisdiction of the police station. The main centre for the postmortem is Sitamarhi. Then the counsel submitted various angles of the reason why any particular hospital was chosen.

At the bottom of the page is the nakal bayan (or witness) who is Prashant Rathi. The time of death is 16:00 hours. Whereas in item 1, the time of death was 4:00 hours.

The bill of Medetirina is referred to, wherein Dr Pankaj Harkutt is the referred doctor. “Judge Srikant Kulkarni was present when Judge Loya was admitted to the hospital,” Rohatgi reads. “When the ailing judge’s name was entered as Brij Mohan and not Brij Gopal. Hence the change in name in medical report is just a mistake of dictation on the part of judge Kulkarni.”

He referred to the CG fiasco. “For a layman, any impulse taken by the ECG machine nodule, the ECG is recorded. Hence, one of the judges said that the ECG was taken and recorded. ECG was not done is not a conclusive fact in this case. There is disparity in the views regarding ECG.”

Page 59A was referred to, containing the statement of the father of Judge Loya.

He also tried to debunk the political angle, saying that the “Ishwar Vahiti concerned here was Justice Loya’s friend and not the one who is associated with the RSS.”

Senior counsel Indira Jaising, on the opposing side, submitted that nobody denies in this case that ECG was not attempted but it could not be done. She said that the article was preceded by a dismissal order of the person by the Supreme Court, which happened 2-3 months ago.”

Rohtagi submitted that “only because Vahiti  was a friend and that too close, he was handed over Judge Loya’s body. He established his close relationship with Judge Loya in court.”

He explained: “Maharashtra is divided into ten commissionarates and 67 districts.” He place before the court a judgment in which in Maharashtra special powers are given to ACPs to conduct the investigation. He submitted that the investigation was carried out properly and there was nothing suspicious about the natural death of the Judge Loya which was only due to heart attack. He agains raised the question as to why a petition has been file in the Supreme Court after a long time.

He submitted that there was nothing wrong in procedure as well, because as per the Bombay police manual of 1959 a police officer is authorised to conduct investigation in the case of suspicious deaths.

Senior advocate Dushyant Dave stated his submissions. He said that the pressure which is built in this case is important to be considered and so it becomes important to issue judicial notice. He also said that things were not always as it appears on the record and as this case is related with the death of a judge. “Hence it should be considered seriously.”

He said that it was necessary that documents are brought under oath. “This is not a politically motivated matter,” he said.

Rohatgi interfered, saying: “It’s not written anywhere that in every writ petition, rejoinders, etc must be recorded.”

To which Dave said: “Until we have the documents on the affidavits, justice won’t be served because the judges will not be able to judge independently. The State has nothing else to show. How can Rathi reply on 23rd itself?”

At this the CJI commented: “The question is whether section 174 CrPC has been duly complied with or not. This could be a ground of suspicion.”

Dave said: “The state failed in providing proper security to Judge Loya, did not even provide proper medical services, also, post death, the real cause of death was not figured out by the state.”

The matter is again listed for March 5

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Lok Sabha clears bill to levy cess on pan masala and similar goods for health, security funding

The Lok Sabha has passed a bill to impose a cess on pan masala manufacturing units, aiming to create a dedicated revenue source for public health and national security initiatives.

Published

5 hours ago

on

December 5, 2025

By

Nirmala Sitharaman

The Lok Sabha has approved the Health Security se National Security Cess Bill, 2025, paving the way for a new cess on pan masala manufacturing units. The legislation aims to generate dedicated funds for strengthening national security and improving public health, both areas identified as critical national priorities.

Bill aims to create predictable funding stream

Finance Minister Nirmala Sitharaman, responding to the debate before the bill was passed by voice vote, said that the cess will be shared with states because public health falls under the state list.

The new cess will be applied over and above the GST, based on production capacity and machinery used in units manufacturing pan masala and similar goods. The minister clarified that this cess will not affect GST revenue, and that pan masala already attracts the maximum GST slab of 40 per cent.

According to the bill text, the objective is to build a “dedicated and predictable resource stream” to support expenditure related to health and national security.

Sitharaman also mentioned that cess collection as a percentage of gross total revenue currently stands at 6.1 per cent, lower than the 7 per cent average between 2010 and 2014.

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India News

Simone Tata passes away at 95: A look at the visionary who shaped Lakme and modern retail

Simone Tata, the pioneering business leader who built Lakme and helped shape India’s modern retail sector, passed away at 95. Here’s a look at her legacy.

Published

5 hours ago

on

December 5, 2025

By

simone tata

Ratan Tata’s stepmother and celebrated business leader Simone Tata passed away on December 5, 2025, at the age of 95. Known for her pioneering role in building Lakme and transforming India’s retail landscape, she leaves behind a remarkable legacy that redefined Indian consumer culture.

A legacy that shaped Indian business

Simone Tata, born in Geneva in 1930, first came to India at the age of 23. Two years later, in 1955, she married Naval H. Tata and gradually became an integral part of the Tata family’s business vision. Her journey with the Tata Group began in the 1960s, when she was appointed to Lakme—then under Tata Oil Mills.

Under her leadership, Lakme quickly grew into one of India’s most trusted cosmetic brands. She rose to the position of managing director and later chairperson, introducing global formulations and modernising beauty products for the Indian market. Lakme’s rise was also rooted in a strong national vision—launched on former Prime Minister Jawaharlal Nehru’s suggestion to reduce foreign exchange spent on imported makeup.

Transforming retail through Trent and Westside

After Lakme was sold to Hindustan Lever Limited in 1966, Simone moved to Trent, where she helped build one of India’s earliest modern retail chains. This later gave birth to Westside, a brand that has become synonymous with contemporary Indian shopping culture.

She also played a key role in philanthropic initiatives, guiding organisations such as the Sir Ratan Tata Institute and supporting cultural and children-focused foundations.

Family, personal life and final farewell

Simone Tata is survived by her son Noel, daughter-in-law Aloo Mistry, and grandchildren Neville, Maya and Leah. She also drew public attention in recent years for being the only member of the Tata family to attend Cyrus Mistry’s funeral, despite the widely known strained ties between the families.

Her funeral will take place on Saturday morning at the Cathedral of the Holy Name Church in Colaba, Mumbai.

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India News

Centre orders probe into IndiGo crisis, expects normal flight operations in three days

Amid record cancellations by IndiGo, the Centre has ordered a high-level inquiry and expects flight schedules to stabilise by Saturday, with full normalcy in three days.

Published

6 hours ago

on

December 5, 2025

By

indigo

The Centre has initiated a high-level inquiry into the massive disruption of IndiGo’s operations, with the government projecting that flight schedules will begin stabilising by Saturday and full normalisation is expected within three days. The announcement comes as cancellations by the airline crossed 500 for the second consecutive day, severely impacting passengers across major airports.

Civil Aviation Minister Ram Mohan Naidu said the government has directed urgent measures to ensure swift restoration of services. Within minutes of his statement, the aviation regulator DGCA announced the formation of a four-member committee to examine the circumstances leading to the delays and cancellations.

DGCA forms committee as cancellations spark scrutiny

The DGCA said IndiGo was given sufficient time to implement revised Flight Duty Time Limitations (FDTL), yet the airline recorded the highest number of cancellations in November. The regulator added that the pattern suggested gaps in the carrier’s internal oversight and preparedness, warranting an independent probe.

The committee will review the sequence of events that triggered disruptions and recommend measures to prevent a recurrence.

Flight duty rules relaxed; minister defends move

Amid criticism from the Opposition and experts, the DGCA temporarily suspended certain FDTL rules, increasing pilot duty limits from 12 to 14 hours. The changes were widely questioned, with allegations that the government was yielding to pressure from IndiGo.

Naidu defended the decision, stating the move was taken solely to safeguard passengers and that safety standards would not be compromised.
He reiterated that passenger care and convenience remain the top priority.

Assurance of refunds, real-time updates, and support

Highlighting steps taken to ease passenger distress, the minister said airlines must:

  • Provide accurate, real-time updates before travellers leave for airports
  • Initiate automatic refunds for cancelled flights without requiring follow-ups
  • Arrange hotel accommodation for passengers stranded for extended periods

Senior citizens and persons with disabilities have been accorded special priority, including access to lounges and additional assistance. Refreshments and essential services are to be provided to all affected travellers.

Inquiry to determine accountability

The government said the high-level probe will identify what went wrong at IndiGo, establish responsibility, and recommend systemic corrections to ensure such disruptions do not occur again.

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