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

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6 years ago

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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.

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2024 Lok Sabha Elections

Amit Shah says neither Congress nor Trinamool chief Mamata Banerjee can interfere with CAA

Amit Shah revealed the BJP’s target for West Bengal and said they have set a target of winning 35 Lok Sabha seats from West Bengal.

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31 mins ago

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April 23, 2024

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Union home minister Amit Shah on Tuesday said neither Congress nor Trinamool Congress chief Mamata Banerjee can interfere with the Citizenship Amendment Act (CAA). He was speaking at the Karandighi rally in West Bengal where he also made the prediction as to how many seats BJP will win in the Lok Sabha elections in West Bengal.

The union home minister asked the masses to cut the money culture. Amit Shah revealed the BJP’s target for West Bengal and said they have set a target of winning 35 Lok Sabha seats from West Bengal. In 2019 Lok Sabha elections the BJP had won 18 out of 42 seats in West Bengal. He asked Mamata Banerjee, what problem will she have if the Buddhist and Hindu refugees from Bangladesh get citizenship in India?

Shah further added if the people of West Bengal want to stop infiltration in the state, then they will have to make Narendra Modi the Prime Minister of India again. He said if the people of West Bengal want to free Bengal of violence, stop infiltration in the state, give citizenship to refugees, to stop disrespecting mothers and sisters of the state as it happened in Sandeshkhali, then  only way is to make Narendra Modi the Prime Minister.

Amit Shah said that PM Modi had sent Rs 7 lakh crore to West Bengal but the TMC indulged in corruption. He said one can see the houses of Trinamool Congress leaders; 10 years ago they used to live in a hut, moved on cycle and now all of them have 4-storey houses and move around in big cars. He added this is the money of people of West Bengal.

The Citizenship Amendment Act (CAA), will make it easier for non-Muslim refugees from Afghanistan, Pakistan and Bangladesh to get Indian citizenship, was enacted in 2019. But the rules were notified in March this year by the Centre.

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2024 Lok Sabha Elections

Prime Minister Narendra Modi says listening to Hanuman Chalisa under Congress rule is a crime

PM Modi was addressing an election rally in Rajasthan’s Tonk-Sawai Madhopur, on a day as India celebrates Hanuman Jayanti.

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4 hours ago

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April 23, 2024

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Prime Minister Narendra Modi on Tuesday hit out at the Congress and said even listening to Hanuman Chalisa has become a crime under the party’s rule. The Prime Minister also said it was difficult to follow one’s faith under the party and accused it of hatching a deep conspiracy to snatch people’s wealth and distribute it among selected few people in the society. PM Modi was addressing an election rally in Rajasthan’s Tonk-Sawai Madhopur, on a day as India celebrates Hanuman Jayanti.

PM Modi said in a state like Rajasthan where people chant Ram-Ram, Congress banned Ram Navami. He reffered to the redistribution of wealth remarks he had made during a rally in Rajasthan’s Banswara on Sunday and said it has angered the Congress and INDI Alliance so much that they have started throwing abuses at Modi everywhere.

The Prime Minister said that Congress has written in their manifesto that they will survey the wealth. He said the Congress leadership had said in a speech that an X-ray of wealth will be done. He added when Modi exposed the secret then the hidden agenda came out and this has left the people trembling. PM Modi further added that the Congress party has played with the Constitution of the India.

He said when the Constitution was drafted, reservations based on religion were opposed, so that Scheduled Casts (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) could get protection. He said former Prime Minister Dr Manmohan Singh had said that Muslims have the first right to the country’s resources.  The prime minister further added Congress’s ideology has always been of appeasement and vote bank politics. He said stones would still be pelted in Jammu and Kashmir, and enemies would still be cutting off the heads of India’s soldiers had Congress been in power.

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2024 Lok Sabha Elections

NCP (SP) leader Sharad Pawar says Prime Minister Narendra Modi is trying to create fear like Russian President Vladimir Putin

Sharad Pawar said that former prime ministers worked to make a new India but PM Modi only criticises others and does not speak about what his government has done for the people of India in the last 10 years.

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5 hours ago

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April 23, 2024

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NCP (SP) leader Sharad Pawar on Monday attacked Prime Minister Narendra Modi and said that he fears a new Putin is in the making in India. Pawar alleged PM Modi is trying to create fear and emulating Russian President Vladimir Putin. Sharad Pawar said that former prime ministers worked to make a new India but PM Modi only criticises others and does not speak about what his government has done for the people of India in the last 10 years.

Sharad Pawar was addressing a campaign rally in Amravati for a Maha Vikas Aghadi candidate and said former Prime Minister Jawaharlal Nehru’s contribution to the nation cannot be questioned. He said some BJP leaders had spoken publicly about changing the Constitution and appealed to the people to stop allowing autocracy from taking shape in India.

Pawar said he had seen Prime Minister Pandit Jawaharlal Nehru, and had seen the work of almost all Prime Ministers ranging from Indira Gandhi, Rajiv Gandhi, and Narasimha Rao to Manmohan Singh. The NCP (SP) chief said he had seen that their efforts were to make a new India, but PM Modi knows only how to criticize. He said nobody in history can forget the contribution of former Prime Minister Jawaharlal Nehru, but the PM Modi continuously criticises him.

Sharad Pawar further added that he wanted to apologise to the people of Amravati for the mistake he had committed in the 2019 Lok Sabha elections by supporting Navneet Rana. He hailed Shiv Sena (UBT) led by Uddhav Thackeray for taking up the responsibility to protect the national interest by working closely with the Congress and the NCP (SP) as they did in the past. Speaking to the media, Pawar said that Prime Minister Narendra Modi’s constant attack on the Congress was not a wise decision as that party is not in power.

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