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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

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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

India News

Election Commission responds after Kejriwal questions BJP’s involvement in home voting process

Upon approval, a polling team, comprising election officials and security personnel, will visit the voter’s residence prior to election day to facilitate the voting process.

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The Election Commission of India (ECI) issued a detailed clarification regarding the home voting facility for the upcoming Delhi Assembly elections scheduled for February 5, 2025. This initiative, designed to enhance accessibility for senior citizens (over 85 years old) and persons with disabilities (PwD), requires eligible voters to submit Form 12D to apply.

Upon approval, a polling team, comprising election officials and security personnel, will visit the voter’s residence prior to election day to facilitate the voting process.

Crucially, the ECI clarified that candidates or their authorized representatives will be permitted to accompany the polling team during these home visits. This provision addresses concerns raised by Aam Aadmi Party (AAP) leader Arvind Kejriwal, who had previously highlighted a video showing BJP representatives present during a home voting event.

While the ECI statement did not directly mention Kejriwal or any specific political party, the inclusion of candidate representatives aims to ensure transparency and alleviate concerns about potential irregularities. The commission’s statement emphasizes that the presence of representatives is permissible to uphold fairness and prevent any accusations of undue influence.

The ECI has received a significant number of applications for this facility: 6,447 from senior citizens and 1,058 from PwD voters. To date, 1,271 senior citizens and 120 PwD voters have already cast their ballots through this home voting system. The process itself involves the polling team providing the voter with a ballot paper, overseeing the casting of the vote, and ensuring strict adherence to ECI guidelines regarding confidentiality. To maintain transparency and accountability, the entire process is recorded on video.

The ECI unequivocally stated that participation in the home voting option is entirely voluntary. Voters choosing this method will not be allowed to cast their vote at a regular polling station on election day.

The commission reiterated its commitment to conducting free and fair elections and underscored the importance of this initiative in promoting inclusive participation in the democratic process. Voters facing any difficulties are urged to contact their local Returning Officer (RO) or district Election Officer (DEO), or utilize the central helpline at 1950.

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76th Republic Day: US sends warm wishes to India, says defining relationship of the 21st century

The meeting with his Quad counterparts—External Affairs Minister S Jaishankar of India, Takeshi Iwaya of Japan, and Penny Wong of Australia—focused on enhancing economic opportunities and ensuring peace and security in the Indo-Pacific. It served as a practical demonstration of the commitment to the strategic vision articulated in his Republic Day statement.

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The United States marked India’s 76th Republic Day with effusive praise, highlighting the enduring strength of the world’s largest democracy and the burgeoning partnership between the two nations. Secretary of State Marco Rubio, in a statement released on the occasion, extended warm congratulations to the people of India, emphasizing the significance of the Indian Constitution as the bedrock of this vibrant democracy. He went beyond simple well-wishes, however, painting a picture of a rapidly strengthening bilateral relationship destined for even greater heights.

Rubio’s statement explicitly described the US-India partnership as “the defining relationship of the 21st century,” a bold assertion reflecting the growing strategic alignment and mutual economic interests between the two nations. This statement was not merely ceremonial; it underscored the deepening cooperation across various sectors, from space research to joint efforts within the Quadrilateral Security Dialogue (Quad).

The Quad, comprising the US, India, Japan, and Australia, received significant attention in Rubio’s remarks. He emphasized the alliance’s crucial role in promoting a “free, open, and prosperous” Indo-Pacific region, a clear signal of the shared commitment to counterbalancing China’s influence in the region.

This emphasis was reinforced by Rubio’s actions earlier in the week, hosting a crucial meeting of Quad foreign ministers at the US Department of State. This meeting, his first official engagement as Secretary of State, underscored the immediate priority given to strengthening the Quad alliance and its collaborative efforts.

The meeting with his Quad counterparts—External Affairs Minister S Jaishankar of India, Takeshi Iwaya of Japan, and Penny Wong of Australia—focused on enhancing economic opportunities and ensuring peace and security in the Indo-Pacific. It served as a practical demonstration of the commitment to the strategic vision articulated in his Republic Day statement.

Furthermore, Secretary Rubio’s bilateral meeting with External Affairs Minister Jaishankar in Washington D.C. further cemented the strengthening ties between the two countries. The discussions covered a broad range of topics, including regional issues and avenues for further deepening the US-India relationship.

A notable point of discussion, as highlighted in an official press release, included a shared commitment to addressing concerns related to irregular migration, an area of mutual interest requiring collaborative solutions. This commitment, alongside the focus on economic ties, demonstrated the multifaceted nature of the burgeoning partnership, extending beyond strategic security concerns.

India’s own Republic Day celebrations showcased the nation’s unique blend of cultural diversity, unity, and military strength. The grand parade on Kartavya Path served as a vivid display of national pride and the successful integration of diverse elements into a cohesive and powerful nation. The presence of Indonesian President Prabowo Subianto as the Chief Guest further underscored India’s growing global influence and its capacity to foster strong relationships with key international partners.

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Ratan Tata featured in Jharkhand’s Republic Day tableau, pic surfaces

By celebrating both its industrial achievements and its vibrant cultural traditions, the tableau offered a nuanced and multifaceted portrayal of Jharkhand, highlighting its progress while deeply respecting its heritage.

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Jharkhand’s Republic Day tableau, a vibrant spectacle of colour and movement, presented a compelling narrative of the state’s journey from its rich heritage to its remarkable progress. The tableau, aptly titled “Swarnim Jharkhand: A Tradition of Heritage and Progress,” served as a powerful visual testament to the state’s multifaceted identity. Central to this narrative was the pivotal role played by the late industrialist, Ratan Tata, whose visionary leadership laid the groundwork for much of Jharkhand’s subsequent development.

The tableau’s design was meticulously crafted to showcase this multifaceted narrative. At its heart was Jamshedpur, India’s first planned industrial city, a legacy of Tata’s pioneering efforts. This iconic city, depicted in vivid detail, served as a powerful symbol of industrial growth and modernization. However, the tableau astutely avoided portraying a solely industrial narrative. It carefully integrated elements celebrating Jharkhand’s cultural richness and its commitment to social progress.

A striking image of two young girls engaged with laptop computers underscored Jharkhand’s significant strides in education. This symbolized the state’s dedication to expanding educational access, particularly for tribal children in both urban and rural areas, representing a crucial investment in the future.

The tableau cleverly juxtaposed this modern image with vibrant representations of traditional art forms. Sohrai and Khobar paintings, meticulously crafted by tribal artists, were displayed prominently, showcasing the enduring legacy of Jharkhand’s artistic heritage. Adding to the spectacle, performers enacted the energetic Chhau dance of Seraikela, a captivating dance form deeply rooted in the state’s cultural identity.

The tableau also subtly highlighted the contributions of women in Jharkhand’s economic landscape, acknowledging their significant role in generating employment and driving economic growth. This balanced depiction of industrial progress and cultural preservation made the tableau a truly comprehensive representation of Jharkhand’s identity.

By celebrating both its industrial achievements and its vibrant cultural traditions, the tableau offered a nuanced and multifaceted portrayal of Jharkhand, highlighting its progress while deeply respecting its heritage.

The inclusion of the Jaduguda uranium plant subtly acknowledged the state’s contribution to India’s nuclear energy program. In essence, the tableau was a powerful and memorable celebration of Jharkhand’s journey, skillfully weaving together its past, present, and future.

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