English हिन्दी
Connect with us

India News

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

Published

on

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

RSS not seeking political power, focused on uniting Hindu society, says Mohan Bhagwat

RSS chief Mohan Bhagwat said the organisation is not seeking political power but is focused on uniting Hindu society and promoting character-building during an interaction with athletes in Meerut.

Published

on

Mohan Bhagwat

Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat on Friday said the organisation is not driven by any ambition for political power and is instead dedicated to uniting Hindu society and building individual character.

He made the remarks while interacting with nearly 950 national and international sportspersons at Madhav Kunj in Shatabdi Nagar, Meerut, as part of the RSS centenary outreach initiatives. According to participants present at the event, Bhagwat spoke for about 50 minutes and stressed the importance of social harmony and collective responsibility in nation-building.

Quoting Bhagwat, a participant said the RSS’ “sole objective is the organisation of the entire Hindu society and character-building of individuals,” adding that the organisation does not function in opposition to or competition with any specific group.

Emphasis on unity and cultural roots

Explaining his idea of India, Bhagwat said the nation goes beyond geographical boundaries and draws inspiration from figures such as Lord Ram, Lord Krishna, Lord Buddha, Lord Mahavira, Swami Vivekananda, Swami Dayanand and Mahatma Gandhi, participants said.

He reportedly stated that the term “Hindu” reflects unity in diversity rather than caste identity. Differences in modes of worship and deities, he said, do not weaken society as long as cultural harmony is preserved. He added that whenever social unity declined, the country faced crises.

The RSS chief outlined four foundational pillars of society — value inculcation, Sanatan culture, the spirit of dharma and adherence to truth — reiterating that the Sangh’s mission centres on strengthening society through individual development. Volunteers, he said, are active across various spheres of social life and prioritise national interest.

Sports as a tool for nation-building

Addressing the athletes, Bhagwat described sports as a powerful medium for bringing people together. He said nation-building is not the responsibility of any single organisation but of society as a whole.

Referring to Meerut’s historic role in the First War of Independence in 1857, he said the legacy later inspired Keshav Baliram Hedgewar to establish the Rashtriya Swayamsevak Sangh in 1925.

Bhagwat also shared five guiding principles for those interested in associating with the RSS — understanding the organisation from within, engaging with its affiliated bodies, supporting its programmes, maintaining dialogue and working selflessly for the nation. He also answered questions from athletes during the session.

Outreach events in Uttar Pradesh

Bhagwat is currently on a tour of Uttar Pradesh. Earlier, he attended a two-day outreach event in Lucknow on February 17 and 18 and had also visited Gorakhpur. During his stay in Lucknow, he briefly met Chief Minister Yogi Adityanath, while both deputy chief ministers called on him before he left for Meerut.

Arjuna Award-winning wrestler Alka Tomar described the programme as grand and praised the organisational efforts of RSS volunteers. She said sportspersons must contribute to nation-building and appreciated Bhagwat’s emphasis on working in the national interest.

Para Cricket Club of India player Surya Pratap Mishra of Bareilly, selected for a Sri Lanka tour, said Bhagwat assured support for para athletes to help them enhance the country’s pride. Kabaddi coach Pintu Malik from Shukratal in Muzaffarnagar termed the interaction inspiring, especially the message that players should support one another.

Bhagwat reached Meerut on Thursday night and held breakfast discussions on Friday with representatives from the sports and industry sectors. On Saturday, he is scheduled to interact with members of the intelligentsia, including representatives from education, industry, medicine, literature, art and trade. Entry to the event is restricted to invitees with passes issued by the RSS headquarters.

Continue Reading

India News

BJP MLA Vungzagin Valte dies after prolonged battle with injuries from Manipur violence

Manipur BJP MLA Vungzagin Valte has died in Gurugram nearly two years after suffering severe injuries in the 2023 ethnic violence in Imphal.

Published

on

BJP MLA (1)

Manipur BJP MLA Vungzagin Valte, who had been battling severe injuries sustained during the outbreak of ethnic violence in May 2023, died at a hospital in Haryana’s Gurugram on Thursday.

Valte, a representative from the Thanlon assembly constituency in Churachandpur district, was attacked in Imphal when tensions between Meitei and Kuki-Zomi communities escalated into widespread clashes. The assault left him with critical head injuries that significantly affected his mobility and speech.

Long medical struggle after 2023 attack

Following the attack on May 4, 2023, Valte was admitted to a hospital in Delhi, where he spent several months in intensive care. According to his family, he suffered debilitating head trauma that left him wheelchair-bound and dependent on assistance for routine physical movements.

Despite prolonged treatment in the national capital for nearly two years, his health remained fragile. He later returned to Manipur, but complications linked to the injuries persisted.

Earlier this month, Valte complained of breathlessness and chest pain, prompting doctors to stabilise him in intensive care before he was flown to Delhi in an air ambulance on February 8. His condition had reportedly shown slight improvement before the transfer.

Family alleges role of Arambai Tenggol

Valte’s family had alleged that members of the Meitei group Arambai Tenggol were responsible for the attack in 2023. His son, David Mang Valte, had earlier stated that the MLA was assaulted while returning after meeting the then Chief Minister amid the communal crisis involving Kuki, Meitei and Zomi communities.

Valte belonged to the Zomi tribe and was serving as a BJP legislator from Thanlon at the time of his death.

Condolences pour in

Several political leaders expressed grief over his passing. Two-time MLA T Robindro Singh said his last meeting with Valte at Imphal Airport before he was airlifted for advanced treatment remains “deeply emotional and unforgettable.” He described Valte as a kind-hearted and humble leader who was always concerned about the welfare of the people.

Valte’s death marks the end of a prolonged and painful chapter that began with the outbreak of ethnic unrest in Manipur in 2023.

Continue Reading

India News

Amit Shah launches Rs 6,900 crore Vibrant Village Programme-II in Assam

Amit Shah has launched the Rs 6,900 crore Vibrant Village Programme-II in Assam to develop 140 villages along the Bangladesh border with improved infrastructure and employment opportunities.

Published

on

Amit Shah

Union Home Minister Amit Shah on Thursday launched the second phase of the Vibrant Village Programme in Assam, announcing a Rs 6,900-crore investment aimed at strengthening development in border areas.

The initiative seeks to transform 140 villages along the Bangladesh border in Assam into centres of modern education, employment and infrastructure. Shah formally inaugurated the programme at Natanpur village in the Barak Valley region of the state.

Focus on education, jobs and infrastructure

Addressing the gathering, Shah said the programme would ensure that border villages receive facilities on par with other parts of the country. He credited Prime Minister Narendra Modi for prioritising development in these regions.

“Today, we are officially beginning the Vibrant Village Programme-II, and through this, we will bring development to bordering villages and facilities like any other place across the country. This has been possible because of Prime Minister Narendra Modi,” Shah said.

He added that Natanpur would not be known merely for its proximity to the border but for excelling in education, employment generation, road connectivity, telecommunications and electricity.

Coverage across 17 states

According to Shah, the Centre has earmarked Rs 6,900 crore under Vibrant Village Programme-II to develop 334 blocks and 1,954 villages across 17 states.

In Assam alone, nine districts, 26 blocks and 140 villages have been identified under the scheme. Shah said all amenities in these villages would match those available in other villages across India.

“There was a time when border villages were called the last villages and lacked many amenities, but Prime Minister Narendra Modi decided that all border villages will be the first villages. Now these villages will be first in road, sanitation, drinking water, communications, employment and education,” he said.

The programme aims to strengthen infrastructure and socio-economic conditions in border areas, particularly those along the Bangladesh frontier in Assam.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com