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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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NDA’s Mangal Milan meeting today to discuss Monsoon Session strategy, PM Modi likely to attend

The NDA Parliamentary Party will hold its ‘Mangal Milan’ meeting on Tuesday to discuss strategy for the remaining Monsoon Session, while the Centre has introduced the Indian Statistical Institute Bill, 2026 in the Lok Sabha.

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Parliament

The National Democratic Alliance (NDA) Parliamentary Party is scheduled to hold its ‘Mangal Milan’ meeting on Tuesday at the Parliament Library Building (PLB) to finalise the ruling alliance’s floor strategy for the remaining 10 days of the Monsoon Session.

According to a note circulated by the Bharatiya Janata Party (BJP) office in Parliament, all NDA members of both the Lok Sabha and Rajya Sabha have been requested to attend the meeting and reach the venue on time. The programme will begin at 9:30 am at the GMC Balayogi Auditorium.

Prime Minister Narendra Modi is expected to participate in the meeting along with Union Parliamentary Affairs Minister Kiren Rijiju, Union Law Minister Arjun Ram Meghwal, Union Education Minister Pralhad Joshi, Union Minister of State Jitendra Singh, and other NDA Members of Parliament.

‘Mangal Milan’ is NDA’s rebranded weekly strategy session

The ‘Mangal Milan’ meeting is described as the rebranded version of the NDA’s weekly parliamentary party strategy session. It is aimed at promoting constructive discussions and ensuring better coordination among alliance partners during the ongoing Parliament session.

The meeting comes as Parliament continues discussions on key legislative business and government proposals during the Monsoon Session.

Centre introduces Indian Statistical Institute Bill, 2026

Meanwhile, the Centre on Monday introduced the Indian Statistical Institute Bill, 2026 in the Lok Sabha.

Union Minister Rao Indrajit Singh introduced the Bill, which seeks to repeal and replace the Indian Statistical Institute Act, 1959, while retaining the institute’s status as an Institution of National Importance.

The proposed legislation aims to convert the existing society into an autonomous statutory body corporate and provide a modern statutory framework for the Indian Statistical Institute (ISI).

It also seeks to broaden the scope of Statistical Sciences by including fields such as theoretical and applied statistics, mathematics, economics, data science, computer science, other quantitative sciences, quantitative social sciences, and modern technologies including cryptology and related disciplines.

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Himanta Sarma visits Assam flood-hit areas, compensation process to begin after August 9

Assam Chief Minister Himanta Biswa Sarma visited flood-hit areas in Nazira, Mahmora and Sonari and announced that damage assessment for compensation will begin from August 9.

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Assam Chief Minister Himanta Biswa Sarma visited flood-affected areas in the Nazira, Mahmora and Sonari Assembly constituencies to review the damage caused by the recent floods in Upper Assam. During the visit, he announced that government officials would begin a door-to-door assessment of permanently damaged properties from August 9, after which compensation would be provided to affected families.

This marked the Chief Minister’s second visit to the flood-hit districts of Charaideo and Sivasagar following the latest spell of flooding.

CM interacts with affected residents, reviews relief work

During the tour, Mr Sarma inspected flood-affected locations at Santak, Nepalikhuti and Sundarpukhuri in the Nazira constituency, Chomoni village in Mahmora, and Ward No. 8 of Sonari town. He interacted with residents, reviewed relief measures and assessed the impact of the floods on local communities.

To reach the flood-ravaged Nepalikhuti area of Bihubar under the Nazira constituency, the Chief Minister travelled by tractor. He later visited Shulal Kalita village in Sundarpukhuri, where he discussed the challenges faced by residents and reviewed ongoing relief operations.

Compensation survey to begin from August 9

Addressing flood-affected residents, Mr Sarma said officials would start visiting households from August 9 to assess permanent damage caused by the floods. He said the compensation process would begin after the assessment is completed.

The Chief Minister also announced that health camps would be organised in the affected areas and that the government would extend assistance to help farmers resume agricultural activities. Responding to local demands, he assured residents that steps would be taken to strengthen the Sundarpukhuri embankment.

CM meets bereaved families, promises long-term flood solution

During the visit, Mr Sarma met the family of Nirupama Duwara and her niece Nisha Duwara of Rajapul Duwara village in Nazira, who lost their lives after being swept away during the sudden floods on July 19. He expressed condolences and assured the family of the government’s support.

He also said the state government would work towards finding a permanent solution to recurring floods so that people do not have to face similar devastation in the future.

Financial assistance provided to families of flood victims

In Mahmora constituency, the Chief Minister travelled by boat to Chomoni village to meet stranded residents. At the Sri Sri Hari Namghar, he handed over one-time financial assistance of Rs. 4 lakh each to the next of kin of 14 people who lost their lives in floods affecting the constituency since July 19. The total assistance distributed amounted to Rs. 56 lakh.

He also visited the Sri Sri Gobinda Namghar at Moran Gaon to review the condition of flood-affected residents.

Later, at Jaya Primary School in Ward No. 8 of Sonari town, Mr Sarma distributed textbooks and school uniforms to students affected by the floods. He also provided Rs. 5 lakh each from the Chief Minister’s Relief Fund to the families of five people who died in the recent floods in the area.

Revenue and Disaster Management Minister Keshab Mahanta, Agriculture Minister Pijush Hazarika, Industries and Commerce Minister Bimal Bora, along with local MLAs Taranga Gogoi, Mayur Borahgohain, Suruj Dihingia and Dharmeswar Konwar, accompanied the Chief Minister during the visit.

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IMD issues heavy rain alert across several states, red warning for Punjab’s Patiala

The IMD has issued red and orange weather alerts across several states, warning of thunderstorms, heavy rainfall, lightning and gusty winds in multiple districts.

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The India Meteorological Department (IMD) has issued district-wise weather warnings for several states on Tuesday, cautioning residents about thunderstorms, lightning, heavy rainfall and gusty winds expected over the next two to three hours.

A red warning, indicating severe weather conditions requiring immediate action, has been issued for Patiala district in Punjab.

Orange warning for multiple states

The IMD has also issued orange warnings for several districts where thunderstorms accompanied by lightning, winds of 40-60 kmph and moderate to heavy rainfall of 5-15 mm per hour or more are very likely.

In Punjab, the orange warning covers Fatehgarh Sahib, Ludhiana, Sangrur and SAS Nagar.

In Uttar Pradesh, the alert has been issued for Amethi, Ayodhya, Barabanki, Fatehpur, Hardoi, Kanpur Dehat, Kanpur Nagar, Lucknow, Pratapgarh, Raebareli and Unnao.

The warning also extends to Kasaragod in Kerala; Dakshin Kannada, Shivamogga and Udupi in Karnataka; Bhind, Datia, Gwalior, Morena, Sheopur Kalan and Shivpuri in Madhya Pradesh; Jiribam, Kamjong, Noney, Senapati and Tamenglong in Manipur; Uttar Dinajpur in West Bengal; Longleng, Mokokchung, Mon and Wokha in Nagaland; Golaghat, Jorhat, Majuli and Sivasagar in Assam; Ambala, Faridabad, Gurugram, Kaithal and Kurukshetra in Haryana; and Bageshwar, Dehradun, Pithoragarh, Tehri Garhwal and Uttarkashi in Uttarakhand.

IMD advises residents to stay alert

The weather department has urged people living in the affected districts to remain vigilant and follow safety precautions as severe weather conditions may develop over the next few hours.

Separately, the IMD has forecast heavy rainfall in parts of Arunachal Pradesh on August 4 and 5, with Papum Pare likely to witness very heavy rainfall accompanied by thunderstorms and lightning on Tuesday. East Kameng is also expected to receive heavy rainfall, while several other districts remain under yellow and orange alerts.

In Uttar Pradesh, where the state has recorded below-normal monsoon rainfall so far this season, the IMD has predicted intense rainfall over the next four to five days, which could provide relief from humid conditions.

Meanwhile, heavy monsoon rains continued to affect Himachal Pradesh, where 109 roads remained blocked, six electricity distribution transformers were out of service and 30 water supply schemes were impacted, according to the State Emergency Operation Centre.

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