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Judge Loya death case: Rohatgi’s submissions mostly on technical grounds

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Senior Counsel Mukul Rohatgi

Above: Senior Counsel Mukul Rohatgi

The Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar, D Y Chandrachud on Monday (February 12) continued hearing the plea seeking independent probe into the mysterious death of Justice B G Loya who was handling the Sohrabuddin Seikh case.

In Monday senior advocate Mukul Rohatgi, representing the State of Maharashtra, did his submissions in defence. He said the copies of the Interlocutory Application (IA) has not been served. At that senior counsel Dushyant Dave said even if the copies had not been served to him, he managed to get that. He even said that the copies of the original reports have not been received by him as the respondents are saying that the registry didn’t allow to get this.

Rohatgi said that everybody filed PILs, and there are some rules and regulations related to this. Rohatgi then started reading the 2010 judgment defining what a PIL is.

He said the court should be prima facie fully satisfied with the petition and consider if that litigation would help the public at large. He said: :The article came (was published) on November 21, 2017. Nobody had done anything in three years; neither any party nor these PIL petitioners. Actually there is nothing to do. The article is baseless.

“We are in February and within these days all the PILs came, and cases were filed in the Bombay High Court. The article is based on hearsay evidences. And that is another aspect. These allegations are baseless. There petitioners… are fighting on baseless allegations. Since it is related to demise of a judge… this must be dismissed.”

He brought in the other angle, saying: “This is just for politics… There is nothing behind this. None on the other side read those statements of the Additional District Judges who were there at the time of incident. Judges who were eyewitnesses at that time, till other day, when the ambulance came. We have statements of those judges who were there like shadow.

Rohtagi  said that from November 30, or 29th night, the judges were with the deceased till the afternoon of 1st. “It is irrelevant to talk about sadar, why three judges stayed in one room. All is irrelevant. The only relevant part is the statements of those judges. The judges of the High Court including the Chief Justice, when informed early morning reached the second hospital within half an hour.

“That four judges of the high court, including the Chief Justice when informed reached the second hospital (Mediternia) at 7am. They were informed by a district judges.”

Rohatgi then referred to writ petition 19 argued by senior counsel V Giri. He said: “I will show the content and affidavit in support.” He was dealing with writ petition 19, submitted by Senior Counsel Giri.

The source of knowledge is media and newspaper. He now refers to a question of law. He said the source of knowledge was derived from media and newspaper. “The PIL is filed for safety and security of public at large but what is here for the public at large?”

He said: “This completely came after a nonsense. They don’t know what is ‘public at large’. Just woke up and filed a three-page petition, based on Indian Express, NDTV and Caravan. Every ground has been arrived at by the media. The allegations are reckless.

“If somebody cares to read the facts he would have understood why the second hospital directed a postmortem. Because he arrived dead.

“That’s the importance of post-mortem, because he collapsed on the way, so it suggested postmortem. Anyways, this is the nature of this petition. For postmortem family consent is not required.”

Rohatgi continued submissions, saying: “There was no homework, no verification. You relied on hearsay and filed the petition in the Supreme Court.”

Then Rohatgi referred to the second petition, which is writ no. 12(B). Referring to opposite counsels he said: “We know that the media always says contradictory things. There will be discrepancies in the articles of Carlos publishing house… How can this be true as per your knowledge?”

Then he went back to his rant about time lapsed. He said: “For three years you did nothing and now you say we are standing for judiciary… now they are scandalizing the law.”

Senior advocate Dushyant Dave said: “I am not here for my demolition.” He said they are arguing on facts.”

Rohatgi said: “Paragraph 1 showed that the petitioners are a body of advocates who practice in the High Court, but there is nothing about who their office bearers are and other things. Page 7 talks about the tactics about a particular event. It shows (this has) nothing to do with the unfortunate death of a Judge. And that is why the motive is different.” He said there was an ulterior motive in all this.

Then he pointed to another page. “Page 14, is there any relevance with the unfortunate death here? The trail commences after three years. The case has not been filed out of sympathy and out of concern for the judiciary. All this is aimed to get public sympathy. This is not because of the unfortunate death. Three years after the death a shocking story emerges on a media page.”

Re reiterates: “The motive is something else. The petitioner is just being used. This is the petition which shows the motive of this. And don’t know who is standing behind the petitioner.”

Justice Khanwilkar commented that the association should have been identified and detailed. For this Dave apologised.

Rohatgi then said that itw as not clear who were the members of the association of lawyers. “Paragraph 9 talks about Uke. Now who is Uke? It will be interesting to know.”

He mentioned about one advocate and said: “This advocate was in jail for contempt. He came before the Supreme Court and then goes back.”

The judgment called Kusumlata was referred to. In that case the long sentence given is just for personal gain. Nothing is related to the death.

He reiterates that the PIL was not for the benefit of the judiciary. A newspaper report cannot not be relied upon without verifying the facts. He then referred to a number of judgments and then asked the court to examine on that canvas.

The scope of this enquiry report is whether a judge died out of medical ailment or not? The question is not about proper treatment or compensation. The question is, did he die of a medical ailment or of a medical condition?” Rohatgi submitted.

“He died because of induced heart attack or he was poisoned. Because there is no other way. If there is a condition of unnatural death, either someone induced him with poison, because no other way could exist.” He was referring to the enquiry report”

He said: “Permission was sought from the Chief Justice and was granted for the district judges. No permission was granted for the high court judges. That is unimpeachable evidence. There is no conspiracy  involved in this case says. Page 1 is the letter of the Chief Justice. This letter shows that all other judges that day were invited to attend the meeting.”

He said: “Rathi is another local judge in Nagpur, along with Waikar. Dr Pankaj Harkutt works as a specialist in Medetirina. The crux is:

  1. Judges were with him
  2. They we’re summoned at 4am; “Upon the complain by justice Loya at 4 am, everyone assembled.
  3. He was declared brought dead, that was why eth second hospital asked for a postmortem. It is very easy to create discrepancies. The judge was not left alone, even for a second,” Rohatgi submitted.

“Why they slept in one room? There can be no explanation for this, but the point is they used one room. Justice Loya was uncomfortable and hence he woke up. Other local judges were called upon. Justice Loya was taken to Dande hospital. Then the dead body was taken to the government hospital.

Then he said: “At Medetirina at 6am, the doctor comes out and informs about the death of justice Loya. At 10, the dead body was given for postmortem.

“Judge Rathi is the one who complained about the ECG machine. There are two Rathis – one who was present at the time of the ECG and informed that the machine was broken and one who received the dead body.”

He presented the testimony of the four judges (based on their memory). “This is the testimony of four judges. The important time is 4 Am to 6:30am.”

He said there was no reason to consider the judges’ testimony as suspicious.

The next date of hearing is February 16.

India News

Ajit Pawar dismisses speculation on Supriya Sule joining BJP

Ajit Pawar has dismissed speculation about Supriya Sule joining the BJP, calling such rumours exaggerated and stressing that his focus remains on elections and development.

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Ajit Pawar

Amid renewed political speculation around Nationalist Congress Party–Sharad Pawar (NCP-SP) leader Supriya Sule’s future, Maharashtra Deputy Chief Minister Ajit Pawar on Monday dismissed rumours of her joining the BJP, stating that he is “not an astrologer” and prefers to focus on governance and electoral outcomes rather than conjecture.

The remarks came after Sule publicly praised Prime Minister Narendra Modi for sending all-party delegations abroad following Operation Sindoor, triggering fresh political chatter in Maharashtra’s volatile landscape.

Ajit Pawar rejects political speculation

Responding to questions from the media, Ajit Pawar said speculative interpretations are often exaggerated and unnecessarily amplified.

“I am not an astrologer. Such speculative questions often become breaking news without reason. My focus is on development until January 15,” he said, seeking to put an end to the rumours.

On whether there is any possibility of the two factions of the Nationalist Congress Party coming together, Pawar said the immediate priority is electoral success.

“At present, our top priority is winning the elections. We are working with full effort to ensure a positive outcome,” he said.

On NCP reunification and family ties

Addressing broader questions on a possible reunification between the NCP and NCP-SP, Pawar used a familial analogy, suggesting that unity cannot be ruled out.

“We are one family. In every family, people come together during moments of happiness and sorrow. If family members decide to stand together, there is nothing wrong in that,” he said.

However, he did not indicate any concrete move or timeline for such a reunion.

Thackeray brothers’ reunion and voter behaviour

Commenting on the coming together of the Thackeray brothers, Pawar said the development could have electoral consequences.

“Shiv Sena (UBT) and MNS traditionally had different voter bases. With them coming together, vote division could reduce, which may benefit them electorally,” he said.

Pawar clarified that he played no role in facilitating the reunion but welcomed the move, calling it a positive development within a political family.

He also cautioned against assuming uniform voter consolidation, noting that voting behaviour varies across elections.

“Voters think differently in national, state and local elections. The results of the Lok Sabha and subsequent Assembly elections clearly show that,” he added.

On free facilities, local alliances and Mumbai remark

Responding to criticism over promises of free facilities, Pawar said such decisions rest with the Chief Minister at the state level and the Prime Minister at the national level. He added that at the local body level, his experience of over two decades guides his approach.

On alliances involving parties like the NCP, Shiv Sena and AIMIM in local bodies such as the Parli Municipal Corporation, Pawar said such arrangements are common and often finalised locally without involving senior leadership.

He also strongly rejected remarks by a BJP leader claiming Mumbai is not part of Maharashtra.

“Mumbai is in India, and within India, it is in Maharashtra. It will always remain a part of Maharashtra. Such statements are made around elections to draw attention,” Pawar said.

On Bharat Ratna for Sharad Pawar

When asked whether NCP founder Sharad Pawar should be awarded the Bharat Ratna, Ajit Pawar said the decision lies with the Central government.

“Sharad Pawar has served public life for over 60 years and taken many important decisions. Anyone is free to express an opinion, but the final call rests with the Centre,” he said.

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India News

PSLV comeback mission hit by third-stage anomaly during launch from Sriharikota

ISRO’s PSLV-C62 mission faced a third-stage anomaly around 30 minutes after launch, raising concerns over the rocket’s comeback flight after its 2025 failure.

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PSLV LAUNCH

At 10.18 am on Tuesday, the Polar Satellite Launch Vehicle (PSLV)-C62 lifted off from the Satish Dhawan Space Centre in Sriharikota, carrying 16 satellites into space. The launch marked the first PSLV mission of the year and was being closely watched as a comeback attempt following a failure in 2025.

Roughly 30 minutes after liftoff, the Indian Space Research Organisation (ISRO) stated that the mission had “encountered an anomaly” during its third stage. The space agency has initiated a detailed analysis but has not yet officially declared the mission a failure.

Third stage issue raises concerns again

The PSLV is a four-stage launch vehicle, with the first two stages reportedly performing as expected during Tuesday’s mission. The problem surfaced during the third stage, where deviation was observed.

ISRO chairman Dr V Narayanan said that a detailed assessment is underway. Historically, issues during the third stage of a rocket have often resulted in mission failure, although ISRO has so far avoided using that term for this launch.

The setback is significant as this was intended to be a recovery mission. The PSLV’s only launch in 2025 had also failed due to a third-stage issue. An analysis committee was formed after that failure, but its findings were not made public.

Mission payload and satellite loss

The mission aimed to place a surveillance satellite into orbit. The earth observation satellite, named Anvesha, was developed by the Defence Research and Development Organisation. Alongside it, the PSLV carried 15 additional satellites from multiple countries, including Brazil, Nepal and the UK.

With the anomaly occurring mid-mission, these satellites are now believed to be lost.

Track record remains strong despite setback

The PSLV has completed 64 missions so far, with four failures recorded prior to this launch. If the current mission is eventually declared unsuccessful, it would mark the fifth failure, keeping the overall success rate relatively high.

However, the timing of the anomaly is a concern, given the growing reliance on PSLV for commercial and strategic launches.

Impact on space industry and future launches

The development is particularly worrying for private players in India’s expanding space ecosystem. Several start-ups had payloads on this mission, including Hyderabad-based Dhruva Space, which had placed seven satellites onboard.

The outcome also casts uncertainty over the planned industry-led PSLV launch scheduled for the first half of 2026. That mission is being developed with participation from Hindustan Aeronautics Limited and Larsen and Toubro.

ISRO is expected to conduct a thorough investigation into the third-stage issue before finalising the status of the mission and outlining corrective measures.

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Mani Shankar Aiyar’s remarks on Hindutva spark political backlash from BJP

Congress leader Mani Shankar Aiyar’s comments on Hindutva at a Kolkata debate have triggered sharp reactions from the BJP, escalating the Hinduism versus Hindutva debate.

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manishankar aiyer

Veteran Congress leader Mani Shankar Aiyar has triggered a political controversy after describing Hindutva as “Hinduism in paranoia” during a public debate in Kolkata, prompting a strong rebuttal from leaders of the Bharatiya Janata Party (BJP).

Aiyar made the remarks at a discussion titled “Hinduism needs protection from Hindutva”, organised by the Calcutta Debating Circle at the Calcutta Club on Sunday. Several political leaders, legal experts, historians and journalists participated in the debate.

Aiyar draws distinction between Hinduism and Hindutva

Speaking at the event, Aiyar argued that Hinduism and Hindutva are fundamentally different, describing Hinduism as a spiritual and civilisational faith, while calling Hindutva a political ideology that emerged in the early 20th century.

“Hindutva is Hinduism in paranoia. It asks 80 per cent Hindus to feel threatened by 14 per cent Muslims,” Aiyar said, adding that Hinduism had survived and flourished for thousands of years without the need for what he described as political protection.

He referred to incidents involving attacks by vigilante groups and criticised actions against individuals over religious practices, beef consumption and participation in Christmas celebrations. Aiyar also cited writings of Vinayak Damodar Savarkar, contrasting them with the teachings of Mahatma Gandhi and Swami Vivekananda, whom he described as proponents of non-violence and inclusivity.

According to Aiyar, “There is no way Gandhi’s or Vivekananda’s Hinduism can be protected or promoted by Savarkar’s Hindutva.”

BJP leaders push back strongly

Aiyar’s comments drew an immediate response from BJP leaders present at the debate and later from party spokespersons.

BJP MP Sudhanshu Trivedi questioned the framing of the debate itself, arguing that the term “Hindutva” refers to “Hindu tattva” or the essence of Hindu philosophy. He said that associating Hinduism with the suffix “ism” was misleading and dismissive of India’s indigenous traditions.

“When you cherish Hinduism, it is called Hindutva,” Trivedi said, rejecting the distinction drawn by Aiyar.

BJP spokesperson Shehzad Poonawalla accused Aiyar of repeatedly making remarks that, according to him, insult Sanatan Dharma. He claimed that the comments echoed the Congress party’s broader stance on Hindutva.

Poonawalla also referred to past statements by Congress leaders and said that Hindutva has been defined by the Supreme Court as a “way of life.” He accused the party of attempting to portray Hindutva as violent and divisive.

Political debate intensifies

The exchange has added to the ongoing political debate over the relationship between Hinduism and Hindutva, a subject that has remained contentious in Indian politics. While Aiyar defended his views as ideological and historical critique, BJP leaders framed the remarks as an attack on religious identity.

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