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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.

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Amit Shah sets 2029 deadline to make India drug-free

Union Home Minister Amit Shah has set December 31, 2029 as the deadline for India’s fight against drugs, urging states to focus on dismantling trafficking networks rather than only recording seizures.

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Union Home Minister Amit Shah has set December 31, 2029 as the deadline for India’s campaign against drugs, calling on states and Union Territories to move beyond recording seizures and focus on dismantling the networks behind narcotics trafficking.

Speaking at the third National Conference of Anti-Narcotics Task Force Heads in New Delhi on Tuesday, Mr Shah said India would not allow drugs to enter or leave the country.

“Neither will we allow a single gram of drugs to enter India, nor will we allow a single gram of drugs to go out,” he said.

The conference brought together police chiefs from 36 states and Union Territories as the government outlined its roadmap for tackling the country’s drug problem.

Amit Shah asks states to focus on drug networks

Mr Shah said drug seizures alone should not be treated as the measure of success. He called for a shift from meetings to missions, reports to results and seizures to dismantling the networks responsible for drug trafficking.

Districts have been identified as the frontline units in the strategy. They are to be assessed based on whether they are involved in drug production or entry, serve as transit corridors or primarily face drug consumption.

The response would then be tailored according to the nature of the threat in each district.

The Home Minister also stressed the need to follow the money generated by narcotics trafficking, including through investigations into bank accounts and shell transactions that help sustain drug networks.

Synthetic drugs, darknet and crypto payments in focus

The government is also preparing for emerging methods used by drug traffickers, with synthetic drugs, darknet marketplaces, cryptocurrency payments and dead-drop deliveries identified as areas requiring greater attention.

Mr Shah urged states to develop specialised teams capable of investigating these newer forms of narcotics trafficking.

The government also wants foreign nationals involved in drug supply chains to face deportation and blacklisting, while those operating supply networks into India from abroad are to be pursued for extradition.

2026-2029 drug control roadmap

The government’s Vision Document 2026-2029 is based on four pillars: enforcement and intelligence, control of precursor chemicals and synthetic drugs, demand and harm reduction, and capacity building.

According to the report, the document contains more than 100 individual targets.

The Nashamukt Mitra programme is another part of the campaign. Nearly 47,000 volunteers have registered so far, with a target of reaching one lakh volunteers. The programme plans to take awareness activities to around 10 lakh schools and colleges.

The government has also launched new television advertisements against drug use, redesigned the Narcotics Control Bureau website and laid the foundation stones for NCB zonal complexes in Lucknow and Dehradun.

Mr Shah linked the anti-drug campaign to Prime Minister Narendra Modi’s vision of a developed India by 2047, arguing that protecting the country’s young population from narcotics is essential to that goal.

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J&K Assembly uproar over Maharaja Hari Singh, Sheikh Abdullah holidays

A holiday row over Maharaja Hari Singh and Sheikh Mohammad Abdullah triggered an uproar in the Jammu and Kashmir Assembly, with BJP and NC members raising competing slogans.

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The Jammu and Kashmir Assembly witnessed a heated exchange on Tuesday over public holidays associated with Maharaja Hari Singh and Sheikh Mohammad Abdullah, with members of the ruling National Conference (NC) and BJP raising slogans in support of the respective leaders.

The issue was raised a day before the September 23 public holiday marking Maharaja Hari Singh’s birth anniversary.

NC legislator Abdul Majid Larmi demanded that the holiday for Maharaja Hari Singh’s birth anniversary be withdrawn if the public holiday for Sheikh Mohammad Abdullah’s birth anniversary was not restored.

The demand led to an uproar in the House, with BJP members raising slogans in support of Maharaja Hari Singh and accusing the NC of insulting his legacy. NC legislators responded with slogans supporting Sheikh Abdullah.

What happened over the holiday issue

The Centre withdrew the public holiday marking Sheikh Abdullah’s birth anniversary after the abrogation of Article 370 in 2019. His birth anniversary is observed on December 5.

The government also discontinued the public holiday on July 13, which was observed as Martyrs’ Day in the erstwhile state of Jammu and Kashmir.

In contrast, September 23, Maharaja Hari Singh’s birth anniversary, is now observed as a public holiday in Jammu and Kashmir.

PDP members also joined the discussion and demanded the restoration of the July 13 public holiday.

Speaker says he has no power over holidays

As slogan-shouting continued in the Assembly, Speaker Abdul Rahim Rather attempted to calm the members.

The Speaker said that the authority to declare or withdraw public holidays did not fall within his jurisdiction.

Why July 13 was observed as Martyrs’ Day

July 13 was traditionally observed as a public holiday in Jammu and Kashmir. Official functions were held at the Martyrs’ Graveyard to commemorate the 22 people killed during the 1931 uprising against the Dogra monarchy under British rule.

Following the abrogation of Article 370 and the bifurcation of the erstwhile state into two Union Territories in 2019, July 13 was removed from the list of public holidays. Official commemorations and ceremonial police tributes were also discontinued.

The 1931 killings and the unrest that followed led to the appointment of two commissions to examine grievances of the Muslim community in Kashmir and eventually contributed to limited political reforms.

The first Assembly elections in Jammu and Kashmir were held in 1934, although the Maharaja retained extensive powers over key matters at the time.

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Odisha SIR: Over 20 lakh voters removed from electoral roll

Odisha’s final electoral roll has been published after the Special Intensive Revision, with 20.56 lakh electors removed following verification.

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SIR

The Special Intensive Revision (SIR) of electoral rolls in Odisha has been completed, with the final electoral roll published after a verification process that resulted in the removal of 20.56 lakh electors.

According to Odisha Chief Electoral Officer S Gopalan, the SIR exercise began on May 30, 2026. At the beginning of the exercise, the electoral roll had 3,13,99,000 electors.

During the first phase, 20.12 lakh voters were removed for various reasons. This included 8.32 lakh electors who were found to be dead, 8.08 lakh who had permanently shifted, 2 lakh who were absent and 1.58 lakh who had duplicate entries.

Notices issued during verification

After the draft electoral roll was published on July 5, further verification was carried out for voters whose details could not be mapped or contained discrepancies.

Around 13 lakh electors whose details could not be mapped in the 2002 roll were issued notices. Another 45.37 lakh electors with logical errors in their entries also received notices.

In total, 58.36 lakh electors were issued notices during this process. Following hearings, 24,000 were found ineligible and removed from the roll.

Claims and objections processed

The electoral authorities also received claims and objections during the revision.

Around 57,000 Form 7 applications were received. Of these, 20,000 were found to be valid and the corresponding names were removed.

At the same time, eligible voters were added to the final roll. Around 2.74 lakh Form 6 applications and 16,000 Form 8 applications resulted in about 2.90 lakh additions.

After the verification, deletions and additions, Odisha’s final electoral roll stood at 3,16,32,754 electors.

The final roll includes about 1,61,30,000 male voters, 1,54,99,000 female voters and 2,774 third-gender electors.

Continuous updating resumes

With the completion of the SIR exercise, the regular process of updating the electoral roll has resumed.

According to the Odisha CEO, voters can now use Forms 6, 7 and 8 to apply for inclusion, deletion or corrections in the electoral roll. Applications can be submitted online or through Booth Level Officers.

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