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

PM Modi speaks to Mark Carney as India and Canada push to strengthen ties

Prime Minister Narendra Modi held a telephone conversation with Canadian Prime Minister Mark Carney on October 13, with both leaders agreeing to strengthen India-Canada ties and pursue concrete outcomes across key areas of their strategic partnership.

Published

on

Prime Minister Narendra Modi held a telephone conversation with Canadian Prime Minister Mark Carney on Tuesday, October 13, as the two countries seek to strengthen bilateral relations and translate renewed diplomatic engagement into concrete outcomes.

Following the conversation, Modi said both leaders had agreed to build on the positive momentum in India-Canada ties and work towards progress across key areas of their strategic partnership.

In a post on X, the prime minister described the conversation as “warm and productive”. He identified trade, energy, technology, security and people-to-people ties as important areas for further cooperation.

Modi also said India and Canada were contributing towards a more stable and prosperous world.

India and Canada focus on trade and strategic cooperation

The latest conversation comes amid increased engagement between New Delhi and Ottawa across economic, security and diplomatic matters.

According to the Canadian Prime Minister’s Office, the two leaders welcomed the expansion of engagement over the past year, including cooperation in finance, defence and security, people-to-people ties and artificial intelligence.

The two leaders reaffirmed their commitment to concluding negotiations on a Comprehensive Economic Partnership Agreement (CEPA) at the earliest opportunity. The proposed agreement is intended to support efforts to double two-way trade between India and Canada by 2030.

The leaders welcomed the ongoing Team Canada Trade Mission in India, led by Canadian International Trade Minister Maninder Sidhu, along with the visit of Canadian Foreign Minister Anita Anand to New Delhi.

The engagements are aimed at advancing shared priorities, including trade, energy and people-to-people ties.

Security cooperation remains on the agenda

The conversation followed a bilateral security dialogue held in India the previous week as part of ongoing engagement between the two countries on security and law enforcement.

The Canadian Prime Minister’s Office said the two leaders welcomed the bilateral security dialogue held in India the previous week as part of ongoing security and law enforcement engagement at the National Security Advisor level. They also agreed to remain in close contact ahead of Modi’s planned visit to Canada in December.

The Canadian readout also said the two prime ministers discussed the effects of geopolitical instability on the Indo-Pacific region and the need for trusted partners in energy and agriculture.

Carney thanked Modi for his leadership in seeking a peaceful resolution to Russia’s war against Ukraine.

India-Canada relations seek to move beyond diplomatic tensions

Relations between India and Canada deteriorated sharply in 2023 after then Canadian Prime Minister Justin Trudeau alleged a potential Indian link to the killing of Khalistan separatist Hardeep Singh Nijjar in Canada.

India rejected the accusation as absurd. In October 2024, India recalled its high commissioner and five other diplomats after Ottawa attempted to link them to the Nijjar case. New Delhi also expelled an equal number of Canadian diplomats.

Relations have since shown signs of improvement through renewed diplomatic engagement and cooperation in several areas. Both countries now have high commissioners posted in each other’s capitals.

Canadian Prime Minister Carney’s visit to India in March 2026 also contributed to renewed efforts to strengthen bilateral ties.

The latest conversation between Modi and Carney reflects the two governments’ stated intention to build on this progress, with trade negotiations, security cooperation and other shared priorities remaining central to their engagement.

Modi’s planned visit to Canada in December is expected to provide another opportunity for the two sides to advance their bilateral agenda.

Continue Reading

India News

CJP leaders Saurav Das, Ashutosh Ranka, Ajinkya Shinde sent to 5-day judicial custody

Three CJP leaders, Saurav Das, Ashutosh Ranka and Ajinkya Shinde, were placed under preventive arrest following a protest at Delhi’s Jantar Mantar over Chief Election Commissioner Gyanesh Kumar.

Published

on

Three leaders of the Cockroach Janata Party (CJP) — Saurav Das, Ashutosh Ranka and Ajinkya Shinde — have been placed under preventive arrest in connection with a protest at Delhi’s Jantar Mantar, where demonstrators demanded the resignation of Chief Election Commissioner Gyanesh Kumar.

The three were detained early Tuesday after crossing police barricades and entering Jantar Mantar, which was recently removed from the list of designated protest venues. A case was registered against them over their alleged actions.

According to the police case, the charges include trespassing, violation of a bond, and obstructing a public official from performing official duties.

The three leaders were produced before a Special Court of the Executive Magistrate on Wednesday and could be sent to judicial custody at Tihar Jail.

Why CJP leaders protested at Jantar Mantar

The protest comes amid demonstrations by the CJP and opposition groups over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The protesters were demanding the resignation of Chief Election Commissioner Gyanesh Kumar. The controversy centres on allegations concerning the electoral roll revision exercise, which the Election Commission and the BJP have denied.

Jantar Mantar was recently removed from the list of designated protest venues in Delhi. The change followed an order naming alternative locations for demonstrations, prompting criticism from groups that want to hold protests at the established site.

CJP legal team raises concerns over detention

Ratna Singh, head of the CJP legal team, said in a post on X that Delhi Police had arrested Saurav Das, Ashutosh Ranka and Ajinkya Shinde at Parliament Street Police Station in connection with the Jantar Mantar case.

Singh alleged that the three were brought to the police station in a private van at around 3 am and were not allowed to meet their lawyers until late at night.

She also raised concerns about the legal process and the possibility of the leaders being sent to judicial custody.

The allegations regarding access to legal counsel were made by the CJP legal team and should be distinguished from the charges registered by the police.

The arrests mark another development in the ongoing dispute over protests at Jantar Mantar and the CJP’s campaign against the Chief Election Commissioner over the SIR exercise.

Continue Reading

India News

BJP focuses on religion as opposition pushes BDM strategy in UP

The BJP is emphasising religious issues ahead of the Uttar Pradesh Assembly elections, while opposition parties are seeking to consolidate Backward, Dalit and Minority voters. Recent exchanges involving Yogi Adityanath, Akhilesh Yadav and Asaduddin Owaisi have added to the political contest over the state’s electoral narrative.

Published

on

Ahead of the 2027 Uttar Pradesh Assembly elections, the BJP is emphasising religious issues, while opposition parties are seeking to build a coalition of Backward, Dalit and Minority voters. The competing approaches have brought caste representation and religious messaging to the forefront of the state’s political discourse.

Recent temple-related controversies in Kashi, Ayodhya, Mathura and Sambhal have brought religious messaging back into the political conversation. The developments have also coincided with exchanges between Chief Minister Yogi Adityanath and Samajwadi Party chief Akhilesh Yadav over possible electoral contests.

Yogi Adityanath, Akhilesh Yadav trade election challenges

The latest round of political exchanges followed Yogi Adityanath’s invocation of the “80-20” formula during the Rajya Sabha election. Akhilesh Yadav subsequently challenged the Chief Minister to contest from Ayodhya.

During his visit to Ayodhya, the Samajwadi Party president attended a Bhagwat Katha but did not visit the Ram Mandir for darshan. His visit, during which he attended a Bhagwat Katha but did not visit the Ram Mandir for darshan, became another point of political discussion.

The Chief Minister responded during a visit to Balrampur, asking Akhilesh Yadav to contest against him.

The exchanges continued as political leaders questioned the Samajwadi Party chief’s religious outreach. State minister Om Prakash Rajbhar asked why Yadav had not visited Mathura, while AIMIM chief Asaduddin Owaisi challenged him to contest from Sambhal.

Responding to questions about the challenges, Akhilesh Yadav said the Chief Minister does not decide which candidates the parties nominate.

At a press conference in Lucknow, Yadav also remarked, “What could be better than getting the Chief Minister’s chair without even contesting the election?” His comment suggested that Adityanath might not contest the Assembly elections.

Adityanath, meanwhile, said he was pleased to have several options available to him.

BJP works on its own caste coalition

Alongside its emphasis on religious issues, the BJP is also seeking to broaden its social support base through caste representation.

During the Rajya Sabha elections, the party fielded three candidates from Backward Classes, two Dalits, two Brahmins and one Rajput. The Backward Class candidates included representatives of the Pal, Kurmi and Lodh communities.

The report describes the BJP’s selection of candidates from the Sonkar and Rawat communities as an attempt to attract support among the Gaur and Jatav Dalit vote banks. Its selection of two Brahmins and one Rajput was also part of its outreach to upper-caste voters.

These choices reflect the BJP’s efforts to build a social coalition that extends beyond its religious messaging as the state approaches the next Assembly election.

Akhilesh Yadav balances caste outreach with temple politics

The Samajwadi Party is also combining its BDM approach with religious outreach, described in the report as “soft Hindutva”.

Akhilesh Yadav is overseeing the construction of the Kedareshwar Temple in Etawah. When questioned about not visiting the Ram Mandir during his Ayodhya trip, he said he was waiting for the temple’s “Pran Pratishtha”, or consecration ceremony, implying that the ceremony held in 2024 did not count.

Yadav has also raised the issue of alleged theft of offerings at the Ram Temple, a move the report interprets as an attempt to appeal to Hindu voters.

The competing strategies indicate that caste representation, religious issues and temple-related controversies are all featuring in political messaging ahead of the 2027 Uttar Pradesh Assembly elections.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com