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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

Satellite images reveal extensive construction of launch pads and bunkers near Chinese nuclear missile silos

Satellite images show that Beijing is constructing a vast web of over 80 launch pads, command bunkers, and electronic warfare facilities to protect its longest-range nuclear missiles in a remote desert complex.

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A vast military complex is rapidly taking shape in a remote Chinese desert, raising significant attention among security scholars. Freshly analyzed satellite images indicate that Beijing is building an expansive network of launch pads, bunkers, and communications nodes. This critical infrastructure is positioned near isolated nuclear silos that house the Chinese military’s longest-range missiles, which are already capable of reaching any city in the United States.

Media reports indicate that the scale of this newly discovered construction points to a sweeping expansion of hardened infrastructure. The entire network is specifically designed to protect and operate China’s land-based nuclear forces. This massive buildup signals a major upgrade in efforts to secure a resilient second-strike capability, highlighting the intensifying nuclear competition with Western powers amidst rising regional tensions.

Protecting second strike capabilities

According to assessments by security analysts, the imagery reveals more than 80 launch pads. These pads are intended for potential use by an expanding fleet of mobile missile launchers as well as air-defense batteries. Furthermore, the newly built facilities appear configured to serve command operations, satellite communications, and electronic warfare functions.

Security experts note that this infrastructure is being deployed on a grand scale, stretching across thousands of square kilometers of desert landscape beyond the primary silo fields. Depending on the exact operational capabilities of these sites, the development represents a highly considerable enhancement and diversification of the nation’s strategic nuclear deterrent.

The primary objective behind safeguarding these desert silos aligns with the stated goal of maintaining a credible nuclear deterrent. This military policy remains grounded in the absolute capacity to retaliate effectively if the nation is struck first.

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DK Shivakumar expected to take oath as Karnataka chief minister on June 3

Senior leader DK Shivakumar is set to take office as the new chief minister of Karnataka on June 3, following top-level leadership transitions within the state government.

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Senior Congress leader DK Shivakumar is highly likely to take the oath of office as the next chief minister of Karnataka on June 3, according to government sources. The upcoming ceremony marks a major leadership transition in the southern state following recent political developments.

Transition of power

The development follows days of high-level consultations within the party’s central leadership to ensure a smooth transition of power in the state assembly. Media reports indicate that preparations for the oath-taking ceremony have begun, with the event expected to see attendance from top political leaders, party workers, and ministers.

State government officials and party insiders have indicated that the formal schedule and cabinet composition are being finalized ahead of the scheduled date. Further official announcements regarding the swearing-in ceremony are expected to be released soon by the state administration.

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Maharashtra MLC Polls: MVA finalizes 15 seats, tussle remains over two key constituencies

The Maha Vikas Aghadi has ironed out differences across 15 Maharashtra Legislative Council seats, leaving Nashik and Nanded as the final points of contention between Congress and Shiv Sena (UBT).

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The Maha Vikas Aghadi (MVA) coalition, which includes Congress, Shiv Sena (Uddhav Balasaheb Thackeray), and the Nationalist Congress Party (Sharadchandra Pawar), has successfully reached a seat-sharing understanding for 15 out of 17 seats in the upcoming Maharashtra Legislative Council elections. While a major breakthrough has been achieved, the alliance is currently witnessing a stalemate over Nashik and Nanded, as multiple constituent partners assert their presence in these regions.

According to sources, the distribution plan was designed to prevent internal rifts by respecting the geographic and organizational strongholds of each party.

Congress secures maximum share of seats

Under the initial draft layout, Congress has come out as the largest stakeholder with seven seats in its quota. The party has been assigned constituencies across northern Maharashtra, western Maharashtra, and Vidarbha, where its ground-level network remains sturdy.

The locations likely allocated to Congress feature Solapur, Chandrapur, Yavatmal, Bhandara, Dharashiv, Amravati, and Ahilyanagar. To gear up for the electoral challenge, state party president Harshvardhan Sapkal has already designated senior leaders to observe and coordinate at the constituency level.

Five seats assigned to Uddhav Thackeray faction

The Uddhav Thackeray-led Shiv Sena (UBT) has been allotted five seats under the proposed arrangement, focusing its reach on the Konkan region and Marathwada. The seats projected for the party encompass Chhatrapati Sambhajinagar, Jalgaon, Hingoli, Raigad, and Parbhani.

Concurrently, the Sharad Pawar-led NCP faction is expected to field its candidates from three constituencies: Thane, Pune, and the joint Satara-Sangli seat. Even though Thane has been known as a core stronghold of the traditional Shiv Sena, evolving dynamics inside state politics led to this assignment during discussions.

Stalemate over two key constituencies

Despite finding common ground on most locations, Nashik and Nanded continue to be sources of disagreement. Media reports show that both Congress and Shiv Sena (UBT) want the Nashik seat, pointing to their local machinery. On the other hand, Nanded has traditionally stayed a bastion for Congress, but shifting political landscapes have led to claims from alliance partners too.

Leaders from the opposition have stressed that their core objective is to challenge the ruling Mahayuti coalition and prevent votes from splitting through friendly contests. Senior members are expected to hold more rounds of talks over the coming days to untangle the deadlock.

Ruling alliance formula takes shape

Sources close to the matter suggest that the ruling Mahayuti coalition has also neared completion of its election blueprint. Under their anticipated plan, the Ajit Pawar-led NCP faction might contest Pune and Raigad, whereas the Eknath Shinde-led Shiv Sena is tipped to take over Nashik, Thane, Parbhani, and Yavatmal. The remaining council seats are expected to be contested by the BJP.

Political experts are keeping a sharp watch on prospective inner rebellion inside the ruling camp, especially in regions like Nashik and Chhatrapati Sambhajinagar, where disgruntled figures might look to explore options alongside independent candidates.

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