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Judge Loya death case in Supreme Court: Arguments reveal discrepancies, missing details

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Judge Loya death case in Supreme Court: Arguments reveal discrepancies, missing details

The Supreme Court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar, DY Chandrachud on Monday (February 5) got back to the hearing of the plea seeking independent probe into the mysterious death of Judge BG Loya who was handling the Sohrabuddin Sheikh case.

The lawyers arguing for a probe listed discrepancies and missing links around the death of the judge.

The following were the proceedings in court:

It was submitted before the court that a video recording of the father and sister has been found. The bench permits the admission of the recording.

Senior counsel V Giri, reading out the facts of the case, says there is no document which establishes what happened in Dande. The document does not reveal what treatment he (Loya) underwent. He said that Page 52 of the compilation documents submitted is incomplete. That page states two injections were given but there are no details by which it can be established what treatment was carried out.

He also noted that the time of the discharge of the body from the hospital differs. Discrepancies exist. Also, no verification has been done by the four doctors. He said documentary evidence would show three people were involved during the treatment.

He said police constable Pankaj Thakur has been mentioned in serial No. 4.

He also said that while postmortem was conducted by doctor Kunda in Nagpur, no documentary evidence has been recorded. Which mean no statement has been taken of that doctor.

He further submitted that there are no proper documents to show when he was taken (to the hospital). No statement has been taken of the doctor as (apparently) Sitapuri police has no jurisdiction over the matter.

He said reference has been made of the register at Sadanpuri station. It was just that constable Pankaj Thakur handed over the reports/records along with all the belongings as the postmortem was completed. No verification has been done as to Pankaj’s hand in this case and on the jurisdiction of Sitaputi Police Station.

Also, no verification has been done as to who handed over the body to Dr Rathi. There is discrepancy in this. On completion of the postmortem, the body of the deceased is issued along with all his belongings.

It was also submitted in court that on February 7, 2016, an accidental death report was made. Hence questions arise about how this was done when the documents show something else.

There are also  discrepancies regarding the timings in the whole act. The first document referred to is the letter sent to the Chief Justice of the high court. This document is a letter from the Criminal Intelligence Department.

Dr Prakash Rathi’s statement has a significant role in the enquiry

Dr Rathi’s statement was important, but it was noted that none of the statements were verified by the State Intelligence department.

Dr Rathi accompanied Justice Loya in the hospital and his statement at Dande was recorded. But Judge Loya was not taken to Dande hospital. At 6.15 am he was declared dead.

The documents must be recorded in a satisfactory manner, the counsel suggested. “Why was it not possible for the commission to record the statements and the documents if they were available?” he asked. “Why it  is not possible for intelligence commission to go to Nagpur and record the statements?”

Counsel Giri mentions Dr Rohan Rai, whose reports have been mentioned. None of the doctors’ statements were recorded even though they were present in the hospital.

The statement of constable Pankaj Thakur was also not taken.

Senior counsel Harish Salve submitted that the second statements were recorded at the Sitapuri PS, which were picked up from somewhere else.

Senior counsel Dushyant Dave submitted his interest to cross examine under order 9. Senior counsel Indira Jaising submitted to the court that there are so many squibbles that “originals need to be seen by yourself.”

Senior counsel Dushyant Dave said that he will move an IA under Supreme Court rules to cross examine the persons who have given their statements.

Also, it still remains to be answered whether ECGs were done at Dande hospital or some other hospital.

Indira Jaising said no ECGs have been produced.

Giri said the postmortem report does not suggest any damage to the brain. Why no neurosurgeon was considered?

At 4 pm he complained about the pain and at 6:15 am he was declared brought dead, Giri said. Judge Brij Mohan Loya had come to attend the wedding at 4:15 pm and had complained of severe pain. He was taken to hospital where at 6:15 am doctor said Loya was brought dead.

Dr Prakash Rathi’s has given two concurrent statements. He was handed over the dead body of Loya, with all his belongings. The person who handed over the dead body is also attached to Sitapudi Police Station.

Accidental death is registered at Sadar police station. Registration is done at Sadar station at 4 and the body goes to the government hospital – both these events show different timings.

Page 40 shows registration of death timings that requires explanation as it shows false and contradictory timings. More interestingly, Giri said, the death summary was recorded in 2016, but the death took place in 2014.

Documents were collected, none of the statements were recorded. No explanation has been sought in the same case as to why the death summary was recorded in February 2016. The only doctor of Dande hospital who was examined by the police submitted that he was not present at the hospital when Loya’s body was brought in.

Who brought deceased to the hospital and who were present during the whole procedure is not clear.

There is nothing clear as to what exactly happened with the deceased, said Giri.

How Prashant Rathi came to be there at Seetapadi Police Station at 8:30am?

Justice Chandrachud pointed out to the counsel to recheck on the meaning of nakalbayaan. This was probably because the documents are majorly in Marathi.

He further stated that explanation was required regarding:

  1. How was Prashant Rathi present at that time in Sitapudi PS?
  2. How was the death summary concluded in 2016?

Giri said none of the statements were given by Prakash Rathi in 2014. No explanation was given as why the body was taken to another place when his whole family was in Mumbai.

Giri requests for fresh investigations.

In a clubbed case, senior counsel Sisodia started his submission. He said the petitioner is journalist and come to this court to point contrasting articles in two publications, Carvaan and Indian Express.

He said  the judges can make their own decision on the place of funeral as printed in Indian Express. He talked about serious allegations of bribery too.

The allegation is that one judge was transferred and other judge was murdered because he refused a bribe of more than Rs 100 crores.

An argument arose thereafter.

Sisodia said he was not taking sides, but one should not be attacked with an allegation without proper enquiry.

Indira Jaising said if Sisodia’s client didn’t want an enquiry, why had the petition been filed?

Then, when Dave refused to listen to him, Justice Chandrachud said: “Let us not reduce the dialogue of this court (to an extent) that even a fish market feels ashamed of.”

Dave then alleged that Sisodia was taking the side of Amit Shah (BJP President) since he did not mention his side properly.

At this Sisodia said: “We are not the judge. We can put our views and not take sides.”

With tempers rising and decibels too, Justice Chandrachud said: “Let’s preserve the dignity of this court.”

But Dave and Jaising start again to present their views. Then, when Salve said “it is oppressive,” Dave started shouting, saying “what is oppressive? Is it that he appeared for Amit Shah first and then started appearing for the state? These people are making money and we (who) are fighting for justice are being slapped with notices from the Bar Council of India that our right to practice will be cancelled. We are here to fight for justice. Your lordships can do whatever they want to do.”

Jaising said: “There are three pieces of evidence present in the public domain, not produced by the state of Maharashtra.” She says that the State of Maharashtra has not produced evidence to show that justice Loya actually stayed there.

Referring to Page 81, entry number 47, where qa name mentioned read Prakash Babasaheb Ambedkar. Salve clarified it could be Bada Saheb, Prakash’s pet name. “Bada means youngest in Marathi,” said Justice Chandrachud. Bada Saheb is not the name of a person.

Another name mentioned in the register is Milin and then another name mentioned on another page is Kulkarni. However, Justice Loya’s name is not mentioned in the register, submits Jaising.

In the register the number of occupants of the room was to be mentioned. Except for one, rest all of them had room number. She asked: “How is it possible that three judges would stay in a room with an occupancy of two, when other rooms were empty as well?”

Also, why his name is not mentioned in the register?

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PM Modi accuses Congress of anti-Sikh bias over Rahul Gandhi’s ‘traitor’ remark

Prime Minister Narendra Modi accused Rahul Gandhi of targeting BJP MP Ravneet Singh Bittu with a ‘gaddar’ remark because of his Sikh identity while speaking in the Rajya Sabha.

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PM Modi

Prime Minister Narendra Modi on Wednesday launched a sharp attack on Leader of the Opposition Rahul Gandhi, alleging that his “traitor” remark against BJP MP Ravneet Singh Bittu reflected the Congress party’s animosity towards the Sikh community.

The Prime Minister made the remarks in the Rajya Sabha while replying to the motion of thanks on the President’s address. Referring to an incident in the Parliament complex a day earlier, Modi said Gandhi’s comment had crossed all limits of political decency.

The controversy stems from a protest by suspended Opposition MPs, during which Ravneet Singh Bittu — a former Congress leader who joined the BJP ahead of the 2024 Lok Sabha elections — allegedly made a remark suggesting the protesters were behaving as if they had won a war.

In response, Rahul Gandhi was heard saying, “A traitor is walking by, look at his face,” before approaching Bittu and extending his hand. Gandhi then reportedly added, “Hello, brother. My traitor friend. Don’t worry, you will come back.”

Bittu refused to shake hands with the Congress leader and instead described him as an “enemy of the country” before walking away from the scene.

While the Congress later clarified that Gandhi’s remark was aimed at Bittu for leaving the party, the BJP seized upon the comment, calling it an insult to the Sikh community. Protests were subsequently held by members of the Sikh community outside the Congress headquarters and at other locations.

Addressing the House, Prime Minister Modi said that many leaders had quit the Congress in the past and that the party itself had split multiple times, but none of those leaders had been labelled a traitor. “He called this MP a traitor because he is Sikh,” the Prime Minister alleged, as treasury bench members raised slogans condemning the remark.

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Manipur Assembly to meet at 4 pm today, floor test likely under new chief minister

The Manipur Legislative Assembly will convene at 4 pm today, with a floor test likely as the new chief minister seeks to prove his majority in the House.

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Manipur assembly

The Manipur Legislative Assembly will convene at 4 pm on Thursday in Imphal, a day after Yumnam Khemchand Singh was sworn in as the chief minister. A floor test is likely to be held on the first day of the session to establish the majority of the newly formed government.

In the 60-member Assembly, the BJP holds 37 seats, while its ally National People’s Party has six members, giving the ruling combine a clear majority in the House.

Singh chaired the first Cabinet meeting of his government late Wednesday evening, shortly after taking oath as the 13th chief minister of Manipur. The meeting marked the formal start of administrative functioning under the new Council of Ministers.

His appointment came nearly a year after the resignation of former chief minister N Biren Singh, who stepped down following months of ethnic violence between the Meitei and Kuki communities in the state.

After taking oath, Singh thanked Prime Minister Narendra Modi and said he would work with “utmost diligence to advance development and prosperity in Manipur,” aligning the state’s efforts with the vision of Viksit Bharat.

He said the government’s focus would be on inclusive economic growth while preserving Manipur’s cultural heritage, adding that he would discharge his responsibilities with sincerity and dedication, mindful of the trust placed in him.

The summoning of the 12th Manipur Legislative Assembly by Governor Ajay Kumar Bhalla, along with the first Cabinet meeting, signals the resumption of legislative and administrative processes in the state, officially bringing President’s rule to an end.

The sixth session of the 12th Manipur Legislative Assembly was last held from July 31 to August 12, 2024.

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PM Modi skips Lok Sabha reply as protests force repeated adjournments

PM Modi did not deliver his Lok Sabha reply today after sustained Opposition protests led to repeated adjournments over a dispute involving Rahul Gandhi’s proposed speech.

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PM Modi

Prime Minister Narendra Modi did not deliver his scheduled reply to the Motion of Thanks on the President’s address in the Lok Sabha today after sustained Opposition protests led to multiple adjournments of the House.

The disruption followed an escalation of tensions linked to Congress leader Rahul Gandhi’s proposed speech and the suspension of eight Opposition MPs a day earlier. The situation worsened after remarks made by BJP MP Nishikant Dubey during the proceedings.

Dispute over references to books sparks fresh ruckus

The controversy intensified when Nishikant Dubey responded to Rahul Gandhi’s demand to speak on national security and references to the unpublished memoirs of former Army chief General MM Naravane. Dubey said that while Gandhi wanted to quote from an unpublished book, he himself had brought several books that, according to him, made claims about the Gandhi family.

As Dubey began listing these books and their contents, strong protests erupted from Opposition members. Krishna Prasad Tenneti, who was presiding over the House at the time, cited Rule 349, which restricts members from reading out books, newspapers, or letters unless directly related to parliamentary business. Despite repeated warnings, the matter remained unresolved, leading to another adjournment.

Rahul Gandhi accuses government of silencing debate

Earlier in the day, Rahul Gandhi alleged that he was being prevented from speaking on an issue of national importance. He claimed the government was uncomfortable with references to General Naravane’s memoirs, which he said discussed the handling of the 2020 China border crisis.

In a social media post, Gandhi said he intended to present the Prime Minister with a book authored by the former Army chief, adding that some cabinet ministers had even questioned the existence of the book. He also wrote to Lok Sabha Speaker Om Birla after the suspension of eight Opposition MPs, alleging that parliamentary debate was being curtailed.

After it became clear that the Prime Minister would not speak in the House today, Gandhi posted that PM Modi had avoided Parliament because he was “scared” to face the truth. Congress MP Priyanka Gandhi Vadra echoed the allegation, claiming the Prime Minister was unwilling to enter the House.

Proceedings disrupted throughout the day

Lok Sabha proceedings were first adjourned until 2 pm amid loud protests over the issue linked to Naravane’s memoirs. Even after the House reconvened, disruptions continued, preventing normal business from resuming.

Later, Congress MPs staged a demonstration outside the Parliament complex, demanding that Rahul Gandhi be allowed to speak on the President’s address.

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