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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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Himanta Sarma to approach court over threat to gherao home in Zubeen case

Assam Chief Minister Himanta Biswa Sarma said his government would approach the Supreme Court and Gauhati High Court over a threat to gherao his residence if two prime accused in the Zubeen Garg death case are granted bail.

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Assam Chief Minister Himanta Biswa Sarma on Friday said the state government would bring before the Supreme Court and Gauhati High Court a threat by a group to gherao his residence in connection with the Zubeen Garg death case.

Speaking to reporters, Sarma described the threat as a serious matter, saying it posed a danger to his family and could amount to a direct attempt to murder.

The development comes ahead of the Supreme Court hearing on November 30 of the bail petitions filed by Shyamkanu Mahanta and Siddhartha Sharma, the two prime accused in the case.

Why Himanta Sarma plans to approach the courts

Sarma said he had instructed the state government’s legal department to bring the matter to the notice of both the Supreme Court and Gauhati High Court.

The Chief Minister objected to the group threatening to target his residence rather than holding a protest near the Chief Minister’s Office.

He said those questioning the judicial process should approach the Supreme Court or the high court instead of targeting him. Sarma also maintained that the courts should be allowed to carry out their work.

According to him, attempts to question the judicial process in this manner could obstruct the path of justice.

What the group said about the bail pleas

The Zubeen Garg Nyay Samiti, led by Raijor Dal MLA Akhil Gogoi, had announced on Thursday that it would gherao the Chief Minister’s residence under certain circumstances.

The group said it would carry out the protest if Shyamkanu Mahanta and Siddhartha Sharma were granted bail or if the Assam government failed to mount an effective legal opposition to their bail pleas.

The Supreme Court is scheduled to hear the bail petitions of the two accused on November 30.

Bail granted to two accused in the case

The Gauhati High Court granted bail to singer Amritprava Mahanta, an accused in the Zubeen Garg death case, on October 9. She was granted bail against a bond of Rs 50,000 and two sureties of the same amount.

The high court has also granted bail to Sandipan Garg in the case.

Referring to the bail order concerning Amritprava Mahanta, Sarma said it mentioned that 160 witnesses had not named her during the court hearing, despite having done so during the investigation conducted by the Special Investigation Team (SIT).

Responding to questions over the development, Sarma said the witnesses should be questioned about the discrepancy rather than him.

What happened to Zubeen Garg?

Singer Zubeen Garg died in Singapore on September 19 last year while swimming in the sea.

Police in Singapore had said that no foul play was involved in his death. Garg had travelled to Singapore to attend the fourth edition of the North East India Festival (NEIF).

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Rahul Gandhi targets Modi government over alleged ‘petrol chori’

Rahul Gandhi has accused the Modi government of ‘petrol chori’, citing Karnataka government tests that allegedly found excess ethanol in several petrol samples.

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Congress leader Rahul Gandhi has stepped up his criticism of the Centre over the E20 petrol issue, alleging that consumers could be paying for petrol while receiving fuel containing more ethanol than the prescribed 20 per cent level.

In a post on X on Saturday, Mr Gandhi referred to the issue as “petrol chori” and cited test results from petrol samples collected by the Karnataka government.

He said the government maintains that petrol contains 20 per cent ethanol, but alleged that testing of samples from seven Karnataka districts showed higher levels in several cases. 

Rahul Gandhi cites Karnataka petrol test results

According to the figures cited by Mr Gandhi, 11 of 14 samples tested contained more than 20 per cent ethanol. He highlighted results of 31.2 per cent for an IOCL sample and 30.5 per cent for an HPCL sample.

He also named IOCL, HPCL, BPCL, Nayara and Shell while alleging that samples from both government-owned and private companies exceeded the 20 per cent level. These are allegations based on the tests cited by Gandhi and the Karnataka government, rather than an independently established finding covering all petrol sold by these companies. 

The samples were reportedly collected from areas including Bengaluru, Kolar, Chikkaballapura, Bengaluru Rural, Ramanagara, Mangaluru and Tumakuru and tested at the Shriram Research Institute in Bengaluru. 

What Rahul Gandhi said about ‘petrol chori’

Mr Gandhi used the phrase “E20 turned into 420” in his post, linking the reference to Section 420 of the erstwhile Indian Penal Code, which dealt with cheating.

He questioned the Centre over the actual ethanol content of petrol and asked when action would be taken against companies that, according to the allegations, supplied fuel containing more than 20 per cent ethanol.

He also argued that excessive ethanol blending could affect vehicle performance, including mileage and maintenance costs, and questioned why fuel stations do not disclose the actual ethanol content of the petrol being sold. 

Oil companies dispute Karnataka findings

The three state-run oil marketing companies — Indian Oil Corporation, Bharat Petroleum Corporation and Hindustan Petroleum Corporation — have disputed the Karnataka government’s findings.

The companies said the reported results were not supported by testing carried out according to the prescribed statutory and technical procedures. They maintained that E20 petrol supplied through their retail networks conforms to the Bureau of Indian Standards’ IS 17021 specifications, which prescribe an ethanol range of 19-21 per cent.

The companies have also questioned aspects of the sampling and testing process and sought access to the relevant samples and documentation for independent testing.

Rahul Gandhi reiterates debate challenge

Mr Gandhi also reiterated his challenge to Prime Minister Narendra Modi for an open debate, saying the ethanol-blending issue could be included along with the other issues he has been raising.

His latest remarks come amid a political exchange over the Karnataka government’s allegations concerning ethanol levels in petrol and the oil companies’ rejection of those findings.

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Sharad Pawar discharged from hospital, NCP merger speculation intensifies

Sharad Pawar was discharged from Breach Candy Hospital in Mumbai on Saturday after receiving treatment for a chest and respiratory infection. His discharge comes amid renewed political discussions surrounding a possible merger of the NCP factions.

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Nationalist Congress Party (Sharadchandra Pawar) chief Sharad Pawar was discharged from Mumbai’s Breach Candy Hospital on Saturday after undergoing treatment for a chest and respiratory infection. The 85-year-old leader returned to his residence following a three-day stay at the hospital.

Pawar had been admitted to Breach Candy Hospital earlier this week after being discharged from Pune’s Ruby Hall Clinic. He was initially admitted to the Pune facility on November 2 and discharged on November 4, following which he was shifted to Mumbai for further medical evaluation and treatment.

His hospitalisation had drawn visits from several political leaders and prominent personalities, including Congress leaders Sushilkumar Shinde and Balasaheb Thorat, NCP leader Dilip Walse-Patil, industrialist Gautam Adani and NCP leader Praful Patel.

Sharad Pawar’s hospitalisation and discharge

Pawar was receiving treatment for a chest and respiratory infection during his stay at Breach Candy Hospital. His discharge on Saturday followed the improvement in his health.

The veteran politician had initially complained of persistent cough and chest discomfort before being admitted to Ruby Hall Clinic in Pune. He was subsequently shifted to Mumbai for additional medical evaluation.

Prime Minister Narendra Modi had also spoken to Pawar over the phone to enquire about his health and advised him to take adequate rest.

NCP merger speculation gains momentum

Pawar’s discharge comes at a time when political discussions surrounding a possible merger between the Ajit Pawar-led Nationalist Congress Party and the Sharad Pawar-led NCP (SP) have gained attention.

The political buzz intensified following a meeting between senior NCP leaders and Union Home Minister Amit Shah in Delhi. The absence of NCP chief Sunetra Pawar and her son Parth Pawar from the meeting also drew attention amid reports of internal differences within the party.

NCP leader Praful Patel had also visited Sharad Pawar at Breach Candy Hospital. However, Patel had rejected speculation that their meeting involved political discussions, saying that he regularly met Pawar and Supriya Sule because of their family ties.

The possibility of bringing the two NCP factions together has therefore remained a subject of political discussion, although no confirmed merger announcement has been made.

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