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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

Lt Gen NS Raja Subramani appointed as India’s next Chief of Defence Staff

Lieutenant General NS Raja Subramani has been appointed as India’s next Chief of Defence Staff and will succeed General Anil Chauhan later this month.

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Lt Gen NS Raja Subramani appointed as India’s next Chief of Defence Staff

The Centre has appointed Lieutenant General NS Raja Subramani as India’s next Chief of Defence Staff (CDS), succeeding General Anil Chauhan, whose tenure will conclude on May 30.

According to the government announcement, Lieutenant General NS Raja Subramani will also serve as Secretary to the Government of India in the Department of Military Affairs from the date he assumes charge and until further orders.

Lt Gen Subramani is currently serving as the Military Adviser at the National Security Council Secretariat, a role he has held since September 2025. Before that, he served as Vice Chief of the Army Staff between July 2024 and July 2025.

A senior officer from the Garhwal Rifles, he was commissioned into the Indian Army in December 1985 and has held several important operational and command positions during his military career. He has commanded formations in Jammu and Kashmir, the Northeast and along the western front.

Lt Gen NS Raja Subramani is an alumnus of the National Defence Academy and the Indian Military Academy. He also studied at the Joint Services Command and Staff College in the United Kingdom and the National Defence College in New Delhi. He holds a Master’s degree from King’s College London and an MPhil in Defence Studies from the University of Madras.

The post of Chief of Defence Staff was created in 2020 to improve coordination among the Army, Navy and Air Force. General Bipin Rawat became India’s first CDS, followed by General Anil Chauhan in 2022. Lt Gen NS Raja Subramani will become the country’s third CDS after assuming office.

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India News

Bengal to get BJP’s first CM as Suvendu Adhikari set to take oath today

Suvendu Adhikari will be sworn in as West Bengal Chief Minister, marking the BJP’s first government formation in the state.

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Suvendu Adhikari is set to take oath as the Chief Minister of West Bengal, becoming the first leader from the Bharatiya Janata Party to head the state government.

The swearing-in ceremony is scheduled to take place at Brigade Parade Ground in Kolkata and is expected to witness the presence of several senior BJP leaders and supporters from across the state.

Adhikari was unanimously elected as the BJP legislature party leader after the party secured a decisive victory in the 2026 West Bengal Assembly elections. His appointment marks a significant political change in the state, where the BJP is forming the government for the first time.

Prime Minister Narendra Modi, Union Home Minister Amit Shah and several Union ministers are expected to attend the ceremony. Reports also indicate that the oath event has been planned on a large public scale to underline the BJP’s breakthrough in Bengal politics.

Adhikari emerged as one of the BJP’s key faces in Bengal after defeating Mamata Banerjee in the high-profile Nandigram contest in 2021 and later consolidating his position within the party’s state leadership.

Security arrangements have been tightened around the oath venue, while party workers have gathered in large numbers ahead of the ceremony. The event is being viewed as a landmark moment in West Bengal’s political history.

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PM Modi to lead Somnath Amrit Parv celebrations with grand roadshow in Gujarat

PM Modi is set to visit Somnath Temple in Gujarat for the Somnath Amrit Parv celebrations marking 75 years of the temple’s reconstruction, with a roadshow and religious ceremonies planned.

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PM Modi

Prime Minister Narendra Modi is set to visit the Somnath Temple in Gujarat on May 11 to lead the ‘Somnath Amrit Parv’ celebrations marking the 75th anniversary of the temple’s reconstruction.

According to state ministers and senior officials, the Prime Minister will take part in religious rituals, lead a public roadshow, and address a gathering during the celebrations.

The visit comes months after PM Modi attended the Somnath Swabhiman Parv held earlier this year, which commemorated 1,000 years since the first recorded attack on the temple in 1026.

Grand roadshow and cultural programmes planned

Officials said PM Modi will arrive in Somnath from Jamnagar and lead a one-kilometre roadshow from the Triveni Helipad to the statue of Veer Hamirji Gohil. The procession is expected to feature cultural dance performances from different Indian states along with displays representing the 12 Jyotirlingas.

A Suryakiran Air Show and a flower petal shower over the temple spire are also planned during the event. The Prime Minister is expected to be welcomed by Rishikumars and members of local communities dressed in traditional attire.

During his visit, PM Modi will perform rituals including Kumbhabhishek, Dhvaja Puja and Mahapuja at the temple before addressing a public gathering at Sadbhavna Ground.

Somnath reconstruction anniversary

The celebrations mark 75 years since the reconstructed Somnath Temple was inaugurated in 1951 in the presence of India’s first President Rajendra Prasad. The reconstruction effort after Independence was led under the vision of Sardar Vallabhbhai Patel and supported by leaders including K.M. Munshi.

State minister Jitu Vaghani said the temple’s restoration remains a symbol of national self-respect and resilience.

After the Somnath events, PM Modi is scheduled to travel to Vadodara to inaugurate the Sardardham Educational Complex. Preparations are also underway for a possible roadshow in the city later in the day.

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