English हिन्दी
Connect with us

India News

Supreme Court rejects probe in Judge Loya’s death, BJP triumphant

Published

7 years ago

on

Supreme Court rejects probe in Judge Loya's death, BJP triumphant

There is no merit in plea for a probe in Judge BH Loya’s death and it was an attempt to scandalise judiciary, ruled the Supreme Court on Thursday, April 19.

The Supreme Court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said that the petitions were a “veiled attempt to launch a frontal attack on the independence of the judiciary” and that “there is no reason to doubt the statements of sitting Judge.”

The bench also said that the “petitioners’ conduct prima-facie constitutes criminal contempt,” but the court “would spare them of any contempt action.”

The bench said that the death was due to natural causes, that there is “absolutely no merit” in the public interest litigation (PIL) petitions alleging foul play in his death and there will be no probe.

The court said the statements of the judges who were with Judge Loya at his time of death could not be doubted: “We can’t doubt the statements of the judicial officers who were with Loya.”

Also, “Documents placed on record and their scrutiny establishes that Judge Loya’s death was due to ‘natural cause’.”

Records say that Judge Loya – the special CBI judge overseeing the investigation of the Sohrabuddin Sheikh fake encounter case in which BJP president Amit Shah was an accused – died of cardiac arrest in Nagpur in 2014. Shah was discharged from the case by Judge Loya’s successor in office.

Controversy over Judge Loya’s death arose following a report in Caravan magazine, which quoted his sister and father suggesting foul play and cover-up in the incident.

The Bombay Lawyers’ Association subsequently moved the Bombay High Court, seeking a probe in the matter. PILs were filed in the Supreme Court. The apex court transferred the petitions in Bombay HC to itself and heard all of them together.

CJI Dipak Misra referred to the Caravan report, mentioning Loya’s conversation with his wife. He said: “An attempt was made to scandalize this case.” He also referred to the evolution of the public interest litigation and how the PIL was misused, “which is a serious issue to look into.”

He said: “It is the duty of the court to look into the fact (as to) which PIL is genuine and which one is filed under the facade of political activity.”

The SC said PILs, which were meant to provide succour to the downtrodden and voiceless, have become a means to settle political and personal scores. It said the judiciary is unnecessarily being made to spend precious time looking into such PILs which leads to delay in giving justice in other cases.

The top court said the petitioners’ advocates Dushyant Dave, Indira Jaising and Prashant Bhushan launched a frontal attack on the judiciary by urging the SC to disbelieve the three judicial officers who accompanied Loya to Nagpur and stayed with him at a guest house, and who later said the judge died of a heart attack.

Justice Chandrachud observed that the petitioners used the Supreme Court and their PILs as platforms to malign the Bombay High Court judiciary and the judicial officers who were with Judge Loya at the time of his death. At one point, the petitioners even wanted to “cross-examine” the judges who were with Judge Loya on their statements that said he died of a cardiac arrest.

The judgment said the PILs were a “serious attack on the judiciary” and an attempt to “seriously scandalise” judges.

The petitioners created a facade that the PILs were meant to protect the independence of the judiciary by seeking a probe into the death of Judge Loya. The truth was that the petitioners wanted to sensationalise the death of a judge. The PILs were only a “veiled attempt to destroy the credibility of judiciary” with “scurrilous” claims.

Claims by petitioners that “one man” (Amit Shah) was controlling the judiciary was nothing but an attempt to undermine public faith in the judiciary and credibility of judicial process, the judgment said.

Justice Chandrachud said the petitioners should not use the courts to settle political scores. “Political rivalries should be settled in that great hall of democracy… Rule of law should not be reduced to a charade,” he observed.

The apex court said the petitioners’ claims and aspersions amounted to criminal contempt. But Justice Chandrachud said the court did not want to initiate contempt proceedings as judicial process should not be respected out of fear of contempt, but it is to be based on moral authority.

The court dismissed the Loya PILs, holding that there was no reasonable suspicion to show that Judge Loya’s death was unnatural.

BJP and Congress reactions

A triumphant BJP attacked the Congress, calling it the “invisible” hand behind the petitions and accusing it of trying to use the judiciary for “character assassination” of its BJP president Amit Shah.

BJP spokesperson Sambit Patra described the public interest litigations (PILs) seeking an independent probe into the death of Judge Loya as “political interest litigations”.

Patra noted that the Congress had held press conferences and its president Rahul Gandhi led a delegation of Opposition parties to the President seeking a probe. Patra said Gandhi should “apologise” and be ashamed” for his ”conspiracy” to target Shah and the Indian judiciary and democracy.

Patra tweeted, “The highest Court of the country throws out of window the lowest attempt to politicise the unfortunate heart attack of a Judge! No doubts on the veracity of the statements of the 4 judges, says the SC! While truth triumphs Rahul Gandhi loses face #SCslamsCongressOnLoya”

The Congress said that the Supreme Court judgment will raise more questions and leave many of them unanswered unless logical reasons were found in it.

“Dispassionate analysis of Loya judgment must await its full reasoning. But unless logical reasons found in it, it will raise more questions and leave many unanswered,” Congress spokesperson Abhishek Singhvi said on Twitter.

Singhvi said the apex court can remove suspicions only by dealing with them directly.

“Am prepared to accept a) heavy emphasis in SC Loya regarding veracity of accompanying judges b) anguish regarding scandalous arguments (c) initiation of contempt if it arises (d) provided it is accompanied by solid reasons rebutting the 7/8 suspicious circumstances raised. Absent that, above lamentations not enough,” he tweeted.

Related Topics:
Continue Reading

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

Published

18 hours ago

on

November 21, 2024

By

The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

Continue Reading

India News

International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

Published

18 hours ago

on

November 21, 2024

By

International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

Continue Reading

India News

Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

Published

19 hours ago

on

November 21, 2024

By

Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com