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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

7 years ago

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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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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

Published

16 hours ago

on

November 21, 2024

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

Published

16 hours ago

on

November 21, 2024

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

Published

17 hours ago

on

November 21, 2024

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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