English हिन्दी
Connect with us

India News

Judge Loya death case: Lawyer says hospital reports replete with conflicting “facts”

Published

on

Judge Loya death case: Lawyer says hospital reports replete with conflicting “facts”

The Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar, D Y Chandrachud on Friday (February 9) continued hearing of the plea seeking independent probe into the mysterious death of Justice B G Loya who was handling the Sohrabuddin Seikh fake encounter case.

Senior advocate Indira Jaising started her depositions on Friday. She said she would be dealing with two different sets of submissions, one dealing with facts and the other dealing with the law.

She referred to Section 174 of the CrPC and emphasized on the “accident” as mentioned in the bare provision. Accidental death report raises a doubt, she submitted. She said that the provision of the sub section 3 of the relevant section has been clearly violated. She said relatives include brother, sister, children and spouse under the explanation of the section.

On page 90 of the report that provision has been violated, she said.

She said that accidental death has been reported in the very first police document. There has been an error in the name here. While the judge’s actual name was Brij Gopal Loya, in ten documents it has been mentioned as Brij Mohan Loya. This raises doubts, she said.

According to provision of law, immediate intimation was supposed to have been given to the nearest executive magistrate (for accidental death). She said that this page immediately triggers section 174. Also, that the name of the deceased has been wrongly mentioned is a suspicious thing.

She refers to Inquest Panchnama which has not been reproduced.

She submitted that in page 23 (death investigation report) the inquest panchnama has not been produced. This pertains to his personal belongings. She said that there is a discrepancy even where the clothes are described. One document says brown pants and another says grey pants.

A copy of the post mortem report has been given along with the missing page.

She referred to time of postmortem which was done between 10:30 and 10:55am. She also submitted that on page 25 of the postmortem report this correction of the name has been referred to.

The name of the police station varies too.

Also, the case diary, which is most critical, has not been produced. Cause of death was coronary artery insufficiency. That was the postmortem report. Yet, this was mentioned as an accidental death.

She said that the final report and inquest report does not comply with section 174 CrPC. SS Gajang was the inquiry officer.

She then came to the ECG. When was it done? Why has the report not been produced, she asked. “And why was it on 2/2/2016 and not earlier?” she asked.

She said that there were several reasons to suspect the inquiry. She asked why the ECG report was not produced even though it was a case of a heart attack. Was it done at the Dande or at the Medetrina hospital? That too is not clear.

The statement that an ECG was done is actually as per hearsay.

  1. ECG not produced
  2. Statement made contradicts the statement made by a judge RR Rathi. That, so far, is the most credible statement of the case.

And Rathi, who is an eye witness, has stated that ECG was not done as the machine was broken.

Jaising submitted that when Justice Loya complained of chest pains, he was taken to Dande hospital. The lift was not working so he climbed the stairs. An assistant doctor attended him, who tried to do the ECG but was unsuccessful because the machine was broken.

The assistant doctor gave two injections of antacids and wasted time. RR Rathi, being an eye witness says no ECG was done.

However, Dr Dande, being a hearsay witness says ECG was done.

After continuous complain, Justice Loya was taken to Medetirina Hospital where he was declared dead due to heart attack.

This contradictory statement raises questions.

She submitted that the cause of death under Section 174, which was to be submitted, is not known. The clinical history is not known and therefore it is uncertain to tell that what was the cause of death.

Statement of judge Rathi is of most important  as he considers the death of Loya as unfortunate.

The judge’s sister, who is a doctor has gone on record saying he had no history of cardiac problems. She has said that has had a clean clinical history. Also, no doctor at either hospital had recorded any history of the patient.

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

Published

on

The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

Continue Reading

India News

International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

Published

on

International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

Continue Reading

India News

Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

Published

on

Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com