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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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Omar Abdullah hits back at BJP over Rs 100 crore legal notice, says party is hiding behind court

Omar Abdullah has responded to the BJP’s Rs 100 crore legal notice, accusing the party of avoiding political debate and announcing legal action against BJP leaders.

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Jammu and Kashmir Chief Minister Omar Abdullah on Monday responded sharply after receiving a Rs 100 crore legal notice from the Bharatiya Janata Party (BJP), accusing the party of avoiding a political confrontation by taking the matter to court.

The BJP’s notice demands that Abdullah either apologise or provide evidence to support his allegation that BJP leaders had offered between Rs 20 crore and Rs 30 crore to National Conference (NC) legislators to persuade them to switch sides.

Omar Abdullah calls legal notice a ‘love letter’

Speaking to reporters in Srinagar, Abdullah said he had received an electronic copy of the legal notice and described it as a “love letter” from the BJP.

He said he viewed the notice as a sign that the BJP considered him a significant political opponent.

“I am perhaps the only politician who has been bestowed with a ‘love letter’ like this by the BJP. I consider this a mark of respect that I am obviously a political force they cannot ignore,” Abdullah said.

Says BJP chose court over political response

Abdullah criticised the BJP for pursuing legal action instead of responding politically to his allegations.

He said he deliberately made the remarks at a political event rather than in the Assembly, where statements are protected from legal challenge, because he expected a political rebuttal.

According to Abdullah, the BJP’s decision to approach the court reflected its style of handling political disputes.

National Conference to initiate legal action

The Chief Minister also announced that the National Conference would begin issuing legal notices to BJP leaders in Jammu and Kashmir over what he described as unfounded and defamatory allegations against his party.

He said senior BJP leaders had been making slanderous remarks against the National Conference over the past few months and that the party would now respond through legal channels.

Abdullah added that the National Conference would serve legal notices to those leaders and see how the legal process unfolds.

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PM Modi to visit Punjab on July 17, launch railway projects as BJP prepares for solo poll battle

Prime Minister Narendra Modi will visit Punjab on July 17 to inaugurate the redeveloped Jalandhar Cantonment Railway Station and launch key railway projects as the BJP prepares to contest future elections independently in the state.

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Prime Minister Narendra Modi will visit Punjab on July 17 to inaugurate and lay the foundation for multiple railway projects, marking his first visit to the state since the Bharatiya Janata Party (BJP) decided to contest future elections independently in Punjab.

During the visit, the Prime Minister will inaugurate the redeveloped Jalandhar Cantonment Railway Station, which has been modernised under the Centre’s Amrit Bharat Station Scheme. The 110-year-old station is among 75 railway stations across the country scheduled to be inaugurated as part of the government’s railway modernisation programme.

The redevelopment aims to improve passenger amenities, enhance station accessibility and transform railway stations into modern transport hubs.

New train service between Jalandhar and Varanasi

Apart from inaugurating the upgraded station, PM Modi will also lay the foundation stone for the Shri Guru Ravidass Ji Maharaj Express, a new train service connecting Jalandhar and Varanasi.

Named after Guru Ravidass Ji Maharaj, the train is intended to strengthen connectivity between Punjab and Varanasi, where the revered saint spent a significant part of his life. Guru Ravidass is widely respected for promoting equality and social justice, and his teachings continue to hold special significance in Punjab, particularly among the Scheduled Caste community.

Visit comes amid changing political landscape

The Prime Minister’s visit comes at a time when political activity has intensified in Punjab ahead of the upcoming Assembly elections.

The BJP recently announced that it would contest future elections in Punjab without entering into alliances, making this visit politically significant as the party seeks to strengthen its independent presence in the state.

Party leaders have projected the visit as development-focused, highlighting infrastructure initiatives and improved connectivity. In social media posts, Punjab BJP leaders welcomed the Prime Minister and described the visit as an important occasion for the state.

Security and preparations underway

Authorities have stepped up preparations for the Prime Minister’s programme in Jalandhar. Security arrangements are being reviewed while logistical preparations at the railway station are underway to ensure the smooth conduct of the visit.

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Rs 1,160 crore rice diversion case widens, 56 mills and 22 ethanol plants under investigation

Authorities have expanded the alleged Rs 1,160 crore government rice diversion investigation, bringing 56 rice mills and 22 ethanol plants under scrutiny over suspected misuse of subsidised rice meant for ethanol production.

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Government agencies have widened their investigation into an alleged Rs 1,160 crore rice diversion case, bringing 56 private rice mills and 22 ethanol plants across 17 districts under scrutiny. The probe is focused on determining whether subsidised government rice allocated for ethanol production was diverted through private mills instead of being used for its intended purpose.

Investigation expands after truck found at private rice mill

The investigation began after a truck transporting government rice from a Food Corporation of India (FCI) warehouse to an ethanol plant was allegedly found inside a private rice mill. What initially appeared to be an isolated incident has now expanded into a multi-district probe involving 17 seized trucks, over 50 witness statements and multiple accused.

Authorities are trying to establish how much of the nearly 5 lakh metric tonnes of government rice supplied to ethanol plants was actually converted into ethanol and whether a portion of it was diverted before returning to government warehouses.

Alleged circular trade under investigation

Investigators suspect that subsidised rice supplied to ethanol plants at around Rs 2,320 per quintal may have been sold to private rice mill operators at higher prices instead of being processed into ethanol.

According to the investigation, the rice was allegedly repacked by private mills and deposited back into government warehouses as custom-milled rice. Officials are also examining whether the original paddy supplied for milling was sold separately in the open market or transported to other states, potentially allowing multiple profits from the same stock.

Authorities believe the alleged arrangement, if established, could have enabled financial gains at several stages while avoiding actual ethanol production.

Officials examining monitoring failures

The investigation is also looking into whether lapses in monitoring or possible collusion allowed government rice to re-enter official warehouses without proper verification.

Officials are checking whether rice previously released under the ethanol scheme was accepted again as newly milled stock through the custom milling system.

Police register FIR, arrest four accused

Balaghat Superintendent of Police Aditya Mishra said the case began after authorities received information about three trucks carrying government rice from FCI warehouses to the AVJ Agrico ethanol plant. During a joint inspection by Revenue, Food and Police officials, one truck was allegedly found inside Sancheti Rice Mill, leading to the registration of an FIR for cheating.

A Special Investigation Team (SIT) comprising 20 to 25 members was subsequently formed.

According to the police, investigators have so far:

  • Arrested four people
  • Identified more than 13 accused
  • Recorded statements of over 50 witnesses
  • Issued notices to 56 rice mills
  • Seized 17 trucks
  • Obtained non-bailable warrants against two individuals

Police said the investigation remains ongoing and further action will be taken based on new evidence.

Production records and transport data under verification

Investigators are comparing FCI dispatch records with ethanol production data, transport logs, warehouse receipts and custom milling records.

Authorities are also examining production capacity, electricity consumption, machinery usage and raw material records at ethanol plants to verify whether the quantity of rice supplied matches actual ethanol output.

Similar verification is underway at rice mills to determine whether their claimed milling operations correspond with electricity consumption, labour deployment and machinery records.

Use of fortified rice raises additional questions

The case has drawn additional attention because the grain under scrutiny was fortified rice, which is enriched with iron, folic acid and Vitamin B12 to help address anaemia and malnutrition among children, pregnant women and adolescent girls.

Investigators are examining why fortified rice was supplied for ethanol production when distilleries generally use broken rice as feedstock. They are also looking into whether FCI followed stock rotation norms while allocating rice under the scheme.

Collector sought wider scrutiny

Confidential communications from the Balaghat Collector reportedly recommended verification of whether rice released for ethanol production actually reached the designated plants. The Collector also sought scrutiny of the allocation process, transportation chain, utilisation certificates and the roles of FCI officials, ethanol companies, transporters and rice mill owners.

The investigation currently covers nearly 5 lakh metric tonnes (50 lakh quintals) of government rice, valued at approximately Rs 1,160 crore at the subsidised allocation price.

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