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

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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.

Cricket news

Ravi Shastri criticizes Virat Kohli for clash with debutant Sam Konstas as ICC fines him

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Ravi Shastri criticizing Virat Kohli for his on-field clash with Sam Konstas during the 4th Test in Melbourne

Former India coach Ravi Shastri has expressed his dissatisfaction with Virat Kohli following a fiery on-field confrontation during the opening day of the fourth Test between India and Australia in Melbourne. Kohli, known for his fiery demeanor, was involved in a clash with Australia’s young opener Sam Konstas early on Day 1. The incident took place during the ninth over of the day, when both players shoulder-barged each other. Kohli, visibly irritated, turned around to give Konstas an intense glare and exchanged words with the 19-year-old.

Despite the heated moment, the International Cricket Council (ICC) deemed the incident a Level 1 offence, resulting in a 20% fine of Kohli’s match fees instead of a suspension. This came after former Australian captain Ricky Ponting suggested that Kohli had been in the wrong. However, the 36-year-old star managed to avoid a more severe penalty.

Ravi Shastri, who had a close relationship with Kohli during his tenure as India’s head coach, weighed in on the matter. Speaking on Fox Cricket, Shastri called the clash “totally unnecessary,” adding, “You don’t want to see that. Virat’s a senior player, he’s been captain of the side, and while he’ll have his own explanations regarding that, it’s something you don’t want to see.”

Shastri further commented with a lighthearted remark about the situation, mentioning ICC match referee Andy Pycroft, who was overseeing the Boxing Day Test. Pycroft, marking his 100th Test match as a referee, will no doubt be keeping an eye on such incidents, Shastri joked.

Although Kohli was reprimanded with a fine, the incident was not the only time the Indian cricketer displayed frustration on Day 1. Later during the same day, a stump mic caught Kohli telling teammate Mohammed Siraj to “not smile while talking” to Australian players. This further highlighted Kohli’s animated mood throughout the match.

As for the match itself, Australia dominated Day 1, finishing with a strong total of 311/6 at stumps. All four of Australia’s top-order batsmen scored half-centuries, putting the hosts in a commanding position.

The clash between Kohli and Konstas, although minor in terms of penalties, has certainly grabbed attention, sparking conversations about the behavior of senior players on the field.

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BPSC aspirants protest: Rahul Gandhi slams NDA govt after Bihar Police brutality on students

Videos of the police’s actions, including some depicting officers pursuing and striking protesters, including women, circulated widely on social media.

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Leader of Opposition in the Lok Sabha Rahul Gandhi on Thursday slammed the NDA government in Bihar after police resorted to a lathi-charge on Bihar Public Service Commission (BPSC) aspirants protesting in Patna over the alleged leak of a question paper of the December 13 combined preliminary exam conducted by the Commission and demanding re-examination.

“I had said in Parliament that in the same way that Eklavya’s thumb was cut off, in the same way the thumbs of the youth are cut off by leaking the papers,” Gandhi said in a post on X.

Sharing the video of the police brutality, Gandhi said, “This is extremely shameful and reprehensible. Playing with the future of students will not be tolerated. We are with them and will fight to get them justice.”

https://twitter.com/RahulGandhi/status/1872204866686513607

“The latest example of this is Bihar. BPSC candidates are raising their voices against the paper leak and demanding cancellation of the exam. But to hide its failure, the NDA government is instead resorting to lathi-charge on the students,” the Congress leader said.

Chaos ensued during a protest on Wednesday regarding the alleged leak of a question paper for the December 13 combined preliminary exam organized by the BPSC, leading to a baton charge by state police on job aspirants. Protesters alleged that multiple participants were injured during the police action, a claim that was refuted by a senior police officer.

The Congress party condemned the police’s treatment of the job aspirants, while Independent MP from Purnea, Rajesh Ranjan, also known as Pappu Yadav, threatened a Bihar bandh on January 1, 2025, if the December 13 exam is not canceled.

A group of demonstrators attempted to march towards the BPSC office to voice their demands, resulting in a confrontation with police after their passage was obstructed.

According to Patna Senior Superintendent of Police (SSP) Rajeev Mishra, a gathering of protestors, including job aspirants, assembled near the BPSC office on Bailey Road in the afternoon, seeking to advance towards the office. Despite being stopped by police, some protesters managed to reach the BPSC office, disrupting traffic flow.

The SSP stated, “Despite repeated requests from security personnel, they refused to clear the roadway. This is a restricted area where protests are not permitted. As a result, mild force, including a baton charge, was utilized to disperse the crowd.” Following the incident, police filed a case against the protesters.

While protesters contended that many job seekers were injured during the baton charge, the SSP maintained that no injuries were reported.

“As far as we know, no protester suffered any injuries. Mild force was applied to disperse the crowd,” he affirmed.

Videos of the police’s actions, including some depicting officers pursuing and striking protesters, including women, circulated widely on social media.

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Delhi elections: AAP to ask INDIA bloc to remove Congress from alliance

Sanjay Singh said that Ajay Maken reads the BJP script, makes statements at the BJP’s behest, and targets AAP leaders on BJP’s instructions.

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Delhi elections: AAP to ask INDIA bloc to remove Congress from alliance

In a major political tussle in the INDIA bloc, the Aam Aadmi Party today said that it would ask parties in the alliance to remove Congress from the bloc if the grand old party does not act against its Delhi leader Ajay Maken.

Ahead of the assembly elections, Delhi Chief Minister Atishi and AAP’s Rajya Sabha MP Sanjay Singh today accused the Congress of helping the BJP. Sanjay Singh said that the Congress is doing everything to ensure that the BJP benefits in the election. 

He said that Ajay Maken reads the BJP script, makes statements at the BJP’s behest, and targets AAP leaders on BJP’s instructions. He added that on Wednesday, he crossed all limits and called Arvind Kejriwal an anti-nation. The Congress or Ajay Maken have never called any BJP leader in Delhi anti-national, he continued.

This face-off follows months after the AAP and Congress contested the Lok Sabha elections in Delhi in alliance. During the Lok Sabha election, leaders of both parties had campaigned for each other’s candidates. However, the efforts came to naught because the BJP won all seven seats in the capital.

Sanjay Singh said that Arvind Kejriwal had campaigned for Congress candidates in Delhi and Chandigarh too. He further mentioned that AAP repeatedly stands with the Congress on issues in Parliament, and they are calling the AAP leader anti-national, the youth Congress is registering FIR against him.

Sanjay Singh then referred to the Haryana Assembly polls and said the AAP had tried its best to ally with Congress, but the Congress disagreed. AAP fought the election but did not utter an inappropriate word for Congress or its leaders, he said.

The Rajya Sabha MP further said that all limits have been crossed. He stated that the audacity Ajay Maken has shown, demands that the Congress acts against him within 24 hours. Otherwise AAP will approach the partners in the INDIA alliance and seek removal of Congress from the bloc. Furthermore, Chief Minister Atishi said the Congress’s actions and words make it clear that it has tied up with the BJP for the Delhi election. 

Earlier, Delhi Congress released a 12-point white paper targeting the AAP and BJP for mismanagement of pollution, civic facilities and law and order in Delhi. Senior Congress leader Ajay Maken said AAP came to power riding on an anti-corruption movement but has failed to set up a Janlokpal in Delhi. The Congress leader said that if there is one word to describe former Delhi chief minister Arvind Kejriwal here then it would be Farziwal. He further continued that if anyone is the king of fraud in the entire country then it is Kejriwal and that is why they have come here with a white paper on the Kejriwal government and also on the BJP government at the Centre.

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