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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’s Indonesia visit to boost defence, digital and strategic partnership

Prime Minister Narendra Modi’s Indonesia visit is expected to strengthen bilateral ties through new initiatives in defence, digital infrastructure, maritime security, trade and critical minerals.

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PM Narendra Modi

Prime Minister Narendra Modi’s upcoming visit to Indonesia is expected to give fresh momentum to the growing strategic partnership between the two countries, with discussions likely to cover defence cooperation, maritime security, digital connectivity, trade, critical minerals and several other sectors.

India’s Ambassador to Indonesia, Sandeep Chakravorty, said the relationship between New Delhi and Jakarta has entered a stronger phase following Indonesian President Prabowo Subianto’s visit to India as the Chief Guest for the Republic Day celebrations last year. He said the Prime Minister’s visit is expected to further strengthen this trajectory through a series of new understandings and agreements.

Defence and maritime cooperation likely to receive major push

According to the ambassador, defence and maritime security will remain key pillars of the discussions during the visit.

He highlighted Indonesia’s strategic location along the Malacca Strait, describing secure sea lanes as vital for both countries and the wider Indo-Pacific region. He stressed that uninterrupted maritime connectivity remains essential for global trade and regional stability.

Without revealing specific details, Chakravorty indicated that the visit could produce significant outcomes in defence cooperation, saying several important announcements are expected.

‘BrahMos Plus’ hints at broader defence partnership

The ambassador also suggested that defence ties between India and Indonesia are moving beyond discussions centred on the BrahMos supersonic cruise missile.

Responding to a question about future cooperation, he remarked that the next phase would be “BrahMos Plus,” while refraining from providing further details.

He said future collaboration is expected to focus on defence manufacturing, technology partnerships, training and capacity building. India, he noted, has emerged as an important exporter of defence equipment and could support Indonesia’s efforts to strengthen its domestic defence manufacturing capabilities.

Military cooperation is also expanding, with India set to participate with troops for the first time in the multinational Garuda Shield military exercise after previously attending as an observer.

Digital connectivity and UPI integration gain momentum

Digital cooperation is expected to be another major highlight of the visit.

The ambassador said Indonesia is preparing to launch its Open Network for Digital Commerce (ONDC)-inspired platform during Prime Minister Modi’s visit, making it the fastest international adopter of India’s digital public infrastructure model.

The initiative is expected to support nearly 65 million micro, small and medium enterprises (MSMEs) in Indonesia by creating a more open digital commerce ecosystem.

Chakravorty also said discussions on integrating India’s Unified Payments Interface (UPI) with Indonesia’s payment systems have reached an advanced stage.

While technical integration remains complex due to Indonesia’s multiple payment-switch networks, he expressed confidence that progress would continue and the Prime Minister’s visit could accelerate the process.

Critical minerals and investment to feature prominently

Critical minerals are also expected to be a major area of cooperation as both countries look to strengthen supply chains for clean energy technologies and electric vehicle manufacturing.

Indonesia possesses significant reserves of nickel and other strategic minerals, while India is seeking reliable supplies to support its manufacturing ambitions.

The ambassador said India plans to invest in processing critical minerals within Indonesia rather than importing only raw materials. He added that such investments would support industrial development in both countries while contributing to India’s self-reliance goals.

Cultural ties to be highlighted

Apart from strategic and economic cooperation, the visit is also expected to showcase the longstanding cultural relationship between India and Indonesia.

Both countries will launch a 15-month programme commemorating Rabindranath Tagore’s 1927 visit to Indonesia, recognising his influence on the country’s educational and cultural landscape.

Prime Minister Modi is also expected to visit Yogyakarta, a city known for its historic temples, reflecting the deep civilisational links shared by the two nations.

With cooperation expanding across defence, digital infrastructure, trade and critical minerals, the visit is expected to mark another important step in strengthening the India-Indonesia strategic partnership and advancing cooperation in the Indo-Pacific region.

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Ram Mandir Trust accepts Champat Rai’s resignation amid donation theft row

The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted Champat Rai’s resignation as General Secretary following the donation theft controversy, with Bajrang Bagra emerging as a leading contender for the post.

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Champat Rai

The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted the resignation of its General Secretary, Champat Rai, following the controversy surrounding the alleged theft of cash donations at the Ram Temple in Ayodhya.

According to sources, Bajrang Bagra has emerged as one of the leading contenders for the post. Bagra currently serves as the International General Secretary of the Vishwa Hindu Parishad (VHP). A chartered accountant by profession and a former head of PSU NALCO, he is considered to have the administrative and financial expertise required as the Trust moves into its next phase.

Sources indicated that the Trust is looking to appoint someone with strong experience in governance, finance and institutional administration to strengthen its functioning.

Although Champat Rai has stepped down as General Secretary, sources said he is expected to continue as a trustee unless he decides otherwise.

Decision on successor may come after VHP executive meeting

The appointment of the next General Secretary is unlikely to be announced immediately. The VHP’s biannual national executive meeting is scheduled to take place in Delhi on July 19 and 20, where several organisational decisions, including transfers and appointments, are expected to be discussed.

Champat Rai and trustee Anil Mishra had submitted their resignations after Uttar Pradesh Chief Minister Yogi Adityanath reportedly took a firm stand on the alleged donation theft. Their resignations came after the Special Investigating Team (SIT) submitted its preliminary findings into the case.

Donation theft investigation

According to the preliminary investigation, temple staff responsible for counting cash donations allegedly siphoned off money despite CCTV cameras being installed at the counting centre. The report stated that the footage was not monitored regularly, allowing the alleged theft to continue. Reports suggest that around Rs 7 crore to Rs 7.5 crore may be missing.

So far, eight people have been arrested in connection with the case. Among them is Ram Shankar Yadav, also known as Tinnu Yadav, who worked as Champat Rai’s driver.

Sources said Champat Rai has told his close associates that Tinnu Yadav played the central role in the alleged fraud and misused the trust placed in him. According to the sources, Rai also claimed that when Yadav feared he would be caught, he leaked information to a Samajwadi Party leader.

The other accused arrested in the case are Avinash Shukla, Anukalp Mishra, Lav Kush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra and Subhash Srivastava.

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WhatsApp gets more time to respond on username feature, rollout in India put on hold

WhatsApp has been granted more time to respond to the government’s concerns over its username feature and has assured that it will not launch the feature in India until discussions are completed.

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WhatsApp

Meta assures the government that the feature will not be introduced in India until ongoing consultations are completed.

Meta-owned WhatsApp has been granted an extension to submit its response to the Centre regarding its proposed username feature, while assuring the government that it will not roll out the feature in India until discussions on the matter are concluded.

According to sources, the government has allowed WhatsApp three additional days to file its response after the company sought more time. The original deadline for the reply was Friday.

The proposed username feature would allow users to connect with others without revealing their phone numbers, a move that has raised concerns within the government over its potential impact on cyber safety.

Last week, the Centre issued a notice to Meta questioning the feature, expressing concerns that it could increase online fraud, phishing attempts, impersonation, and so-called “digital arrest” scams. The government also directed the company to pause the rollout until consultations are completed to its satisfaction.

Sources said representatives from Meta met officials from the Ministry of Electronics and Information Technology (MeitY) on Friday following the issuance of the notice. During the discussions, WhatsApp reportedly assured authorities that the feature would not be introduced in India before the consultation process is completed.

The government has also asked Meta to explain why action should not be initiated under the Information Technology Act and the relevant rules if the proposed feature is found to compromise user safety. It reminded the company that WhatsApp, as a significant social media intermediary, must comply with due diligence obligations under Indian law.

A WhatsApp spokesperson had earlier clarified that the username feature is not yet live and is expected to be introduced gradually later this year.

The company said it has built several safeguards into the feature to prevent impersonation. According to WhatsApp, usernames of public figures, government entities, celebrities, and verified Meta accounts have been reserved so that they can only be claimed by their legitimate owners. It also said lookalike variations of such usernames are being restricted.

WhatsApp also clarified that users will still need a phone number to create and use a WhatsApp account. The username feature is intended only as an alternative way for people to connect.

The company added that users would need to know another person’s exact username before initiating contact. It also plans to limit how many new users an account can message, prevent repeated attempts to guess usernames, and use automated systems to detect impersonation and abusive behaviour.

To help users identify unfamiliar contacts, WhatsApp said it will display contextual information whenever someone sends a message through a username for the first time. Users will be informed whether the sender is a new account, an existing contact, someone who shares a mutual group, or a person located in another country before deciding whether to respond.

Following its notice to WhatsApp, the IT Ministry also issued notices to Telegram and Signal, seeking details on how their existing username-based systems address concerns related to fraud and impersonation. While WhatsApp has around 500 million users in India, Telegram has a significantly smaller user base.

In recent days, Meta and Telegram have also come under regulatory scrutiny on separate issues. The government recently issued a notice to Meta regarding child sexual abuse material appearing in Instagram advertisements, while Telegram was directed to strengthen action against the circulation of pirated films, OTT content, and other copyrighted audio-visual material on its platform.

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