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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

6 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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2024 Lok Sabha Elections

Mallikarjun Kharge vows to continue politics till his last breath to defeat BJP

The 81-year-old Congress leader was speaking at a election rally in Afzalpur and said that if the people did not vote for the Congress candidate, he would think that he did not have any place in Kalaburagi anymore.

Published

14 hours ago

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April 24, 2024

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Congress President M Mallikarjun Kharge on Wednesday appealed to the people of Kalaburagi to at least attend his funeral if they thought he worked for them even though they do not wish to vote for Congress in the ongoing Lok Sabha elections.

The 81-year-old Congress leader was speaking at a election rally in Afzalpur and said that if the people did not vote for the Congress candidate, he would think that he did not have any place in Kalaburagi anymore. The Congress President sought an emotional chord with the people of his home district of Kalaburagi, Karnataka

The grand old party has fielded Kharge’s son-in-law Radhakrishna Doddamani from Kalaburagi, against BJP’s sitting MP Umesh Jadhav. Kharge had won the Lok Sabha elections from Kalaburagi in 2009 and 2014, but lost in 2019. He appealed to the voters to vote for Congress but at least come to his funeral if they thought that he had done some work in Kalaburagi. Kharge added that he would continue in politics till his last breath to defeat the BJP and RSS ideology.

The Congress leader said he is born for politics and whether or not he contests the election, he will continue to strive till his last breath to save the Constitution and democracy of the country. He asserted that he will not retire from politics. Kharge said that retirement happens from a position but one should not retire from his/her principles. He said he is born to defeat the ideology of the BJP and RSS and not to surrender before them.

He advised Karnataka Chief Minister Siddaramaiah, who shared the stage with him, to follow his principles. He said he had told Siddaramaiah many times that he may retire as CM or MLA, but he cannot retire from politics till he defeats the ideology of the BJP and RSS.

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2024 Lok Sabha Elections

Nitin Gadkari says he’s better now after collapsing at election rally in Maharashtra’s Yavatmal

A disturbing video of the incident – which was unfortunately streamed live on X (formerly Twitter), including by his own account – showed Nitin Gadkari being carried away by those on stage, many of whom rushed to form a shield around the BJP leader to give him, and those treating him, some privacy.

Published

15 hours ago

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April 24, 2024

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Union Road Transport and Highways Minister Nitin Gadkari collapsed while speaking at an election rally in Maharashtra’s Yavatmal on Wednesday afternoon. Fortunately, the senior Bharatiya Janata Party leader received prompt treatment and was able, after a brief pause, to get back up on stage and continue his speech.

A disturbing video of the incident – which was unfortunately streamed live on X (formerly Twitter), including by his own account – showed Nitin Gadkari being carried away by those on stage, many of whom rushed to form a shield around the BJP leader to give him, and those treating him, some privacy.

Nitin Gadkari took to X and informed that he felt uncomfortable due to the heat during the rally in Pusad, Maharashtra. But now he is completely healthy and is leaving for Varud to attend the next meeting. He thanked his supporters and well wishers for their love and good wishes.

Gadkari, who fought the elections in the first phase of voting as BJP’s candidate from Nagpur Lok Sabha seat, was campaigning for Eknath Shinde-led Shiv Sena leader Rajashree Patil in Yavatmal’s Pusad. Addressing the rally, the union minister said, he was confident that the people of Yavatmal district, which has a constant tendency towards development, will give victory to the BJP-Maha alliance, which believes in all-round development.

Gadkari posted on X that as the nation moves towards a developed India, under the leadership of Prime Minister Narendra Modi, significant work has been done in the last 10 years in the areas of roads and highways as well as health, education and other sectors across the country. He said many schemes of the central government were successfully extended to the rural areas. Due to this, along with the city, the people of the rural areas are also able to benefit from many important facilities.

The Yavatmal constituency along with Akola, Buldhana, Amravati, Hingoli, Wardha, Parbhani and Nanded in Maharashtra are scheduled to vote in the second phase of the Lok Sabha election on April 26.

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2024 Lok Sabha Elections

PM Narendra Modi slams Congress over Sam Pitroda’s inheritance tax remarks, accuses Congress of intending to impose higher taxes

PM Modi was speaking at a public meeting in Chhattisgarh’s Surguja, where he alleged that the Congress wants to fill its own coffers by imposing ever higher taxes and not allowing people to pass on their hard-earned wealth to their children.

Published

17 hours ago

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April 24, 2024

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Prime Minister Narendra Modi on Wednesday launched a scathing attack on Congress after Sam Pitroda advocated for a US-style inheritance tax amid the ongoing debate over wealth redistribution. The comments have further fuelled an already-raging controversy over Rahul Gandhi’s promise to conduct a wealth survey if the Congress won the Lok Sabha election.

PM Modi was speaking at a public meeting in Chhattisgarh’s Surguja, where he alleged that the Congress wants to fill its own coffers by imposing ever higher taxes and not allowing people to pass on their hard-earned wealth to their children.

The Prime minister said the advisor (Sam Pitroda) of the prince and the royal family had said some time ago that more taxes should be imposed on the middle class.  He said the Congress party says that it will impose an inheritance tax, and it will also impose tax on the inheritance received from parents. PM Modi added the children will not get the wealth that their parents accumulate through their hard work, rather the Congress party will snatch it away from them.

PM Modi said Pitroda’s remarks have exposed the dangerous intentions of the Congress.  He took a veiled jibe at the Congress and said the party has only one mantra – to loot people zindagi ke sath bhi, zindagi ke baad bhi (in life and even after death).

 The prime minister did not take any names and targeted the Gandhi family and said, those people who considered the entire Congress party as their ancestral property and handed it over to their children, now do not want Indians to pass on their property to their younger generations.

Indian Overseas Congress chairman Sam Pitroda while talking to the media backed his party’s stand on redistribution of wealth and called for a policy for the same while citing the concept of inheritance tax prevailing in some American states.

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