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Judge Loya’s Suspicious Death: Congress Points Out Additional Facts, Two More Deaths

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Judge Loya's Suspicious Death: Congress Points Out Additional Facts, Two More Deaths

At a press conference that most media organisations underplayed, with most crucial details omitted, the Congress party took up the Judge BH Loya’s death case on Wednesday to demand a Supreme Court-monitored investigation by a special investigative team (SIT) into the matter, alleging there had been two more suspicious deaths in the case.

The party said that, failing this, it would launch a nation-wide campaign and take the issue down to villages.

The Congress said it was not just Judge BH Loya, who was hearing the discharge petition of BJP president Amit Shah, but also a retired district judge and a lawyer, both from Nagpur and who Loya had confided in, who died under suspicious circumstances. An attempt was also made on the life of the only surviving witness, lawyer Satish Uike, the Congress alleged.

This called for an independent and impartial probe, demanded Congress leaders Kapil Sibal, Salman Khurshid, Vivek Tankha and Randeep Surjewala at the press conference.

The Congress demanded that the Supreme Court (SC) order an independent investigation into the “mystery” around the death in 2014 of judge BH Loya, retired district judge Prakash Thombre and Nagpur-based lawyer Shrikant Khandalkar.

Congress leader Kapil Sibal said the SC or the Bombay High Court should constitute an independent special investigation team (SIT) to probe Loya’s death, and those of two others to whom judge Loya had reportedly turned for help.

Sibal said if the Bombay HC failed in its job to take cognisance of these deaths, the Congress would launch an agitation to take the issue to the villages, about how lives of judges and lawyers were at risk. Sibal said the SC-monitored SIT should not have any officers from the Central Bureau of Investigation (CBI) or the National Investigation Agency (NIA).

Loya was hearing the Sohrabuddin Sheikh fake encounter case when he purportedly died of cardiac arrest while in Nagpur to attend the wedding of a colleague’s daughter on November 30, 2014. Sibal said judge Loya’s sister had alleged her brother was under pressure to pass an order favourable to the accused and to discharge them, and that he was offered Rs 1 billion and a residential flat in Mumbai.

Sibal, party leaders and Satish Uke, a Nagpur-based lawyer and whistle-blower in the case, said Loya’s wasn’t the only mysterious death in the case.

Sibal said Loya had sought help from his friends in Mumbai but couldn’t get support. In October 2014, Loya approached Uke through Nagpur lawyer Shrikant Khandalkar and retired district judge Prakash Thombre. Sibal said Thombre and Khandalkar, and a fourth unknown person, facilitated a video call between Loya and Uke.

According to Sibal and Uke, in the video call, Loya named people, including senior judges and leading politicians, were pressurising him to pass a discharge order in the case. In November, 2014, Uke, Thombre and one of their friends travelled to Delhi to take the opinion of a senior lawyer but returned disappointed when the lawyer said the evidence was not sufficient.

Judge BH Loya dies: On November 30, 2014, Loya died in Nagpur. Sibal said that the judge’s security cover, which he was entitled to as a special CBI judge, was withdrawn on November 24. He said there was no record of Loya travelling to Nagpur and there are several other contradictions and infirmities, including in the autopsy report, that arouse suspicion.

Lawyer Shrikant Khandalkar dies: Sibal said Khandalkar also told Uke he was receiving threats. A year after judge Loya’s death, Khandalkar also died. Sibal said his body was found in the district court premises of Nagpur. He said Khandalkar allegedly fell from the eighth floor of the building on November 29, 2015. He had been missing for two days.

Retired Judge Prakash Thombre dies: According to Uke, retired judge Thombre had also received threats. Sibal said Thombre died suspiciously while travelling in a train from Nagpur to Bengaluru on May 16, 2016. “There is no FIR (First Information Report) till date in this incident,” Sibal said.

Sibal said Uke had also been threatened repeatedly. An attempt on his life was made on June 8, 2016, when an iron material of about 5,000 kg suddenly fell on the roof of the shed he used as his office, Sibal said. Uke escaped as he had stepped out of the office barely a minute before the incident.

“This is what the four judges were saying when talked about democracy being in peril,” Sibal said, in a reference to the press conference of SC judges Ranjan Gogoi, Kurian Josesh, J Chelameswar and Madan B Lokur on January 12, and their letter to Chief Justice of India Dipak Misra.

Currently, the SC is hearing a public interest litigation seeking an independent probe into Judge Loya’s death. Former Navy chief Admiral (retired) L Ramdas has also filed a plea in the SC seeking an independent inquiry by a panel of retired apex court judges and former police officers into judge Loya’s death.

BJP chief Amit Shah was one of the accused in the Sheikh encounter case in which he was later discharged.

Here are the salient points, according to the Congress press release:

SUSPICIOUS DEATH OF JUDGE LOYA – NARRATIVE & SYNOPSIS

  1. Circumstances before death of Judge Loya in Nagpur on 30.11.2014

– Sohrabuddin Fake encounter case was transferred from Gujarat to CBI Court, Mumbai on directions of the Supreme Court in 2012. It was directed that same Judge would preside over the trial from start to finish.

– Judge Utpat was designated as Special Judge, CBI Court, Mumbai to preside over the trial of Sohrabuddin case.

– In July 2014, Judge Utpat was transferred abruptly without prior permission of Supreme Court.

– Judge Loya was working as a Registrar, Bombay High Court under the Chief Justice Sh. Mohit Shah. He was transferred as Special Judge, CBI, Mumbai for Sohrabuddin trial.

– Judge Loya was under tremendous pressure to hear the Sohrabuddin Fake encounter matter in haste and to pass an order in favor of an accused to discharge him from this matter. Judge Loya wanted to discharge his judicial function independently and did not want to compromise his honesty.

– He wanted to get away from this case to avoid such high pressure from many influential persons from political background and higher judiciary. During the hearing he also received a draft order for him to sign and to pass order of discharge favoring an accused before 30.12.2014. For this he was offered money of 100 crores to be collected from Nagpur alongwith a residential flat/property in Mumbai

– Judge Loya sought help from some of his known friends in Mumbai but couldn’t get any support from them.

– Thereafter around Second week of October 2014, he approached Adv. Satish Uke, a practicing Advocate of Nagpur city and a whistleblower through Adv. Shrikant Khandalkar another practicing Lawyer of Nagpur and who was friendly with Adv. Uke and another Lawyer and Retd District Judge Prakash Thombre who was also close to Adv Uke.

– Judge Loya wanted to divert attention from himself and sought intervention by Adv. Uke as Adv. Uke had filed matters against influential persons who were pressurizing Judge Loya to pass discharge order.

– Adv. Shrikant Khandalkar  & Adv. Satish Uke  were well known whistleblower of Nagpur City. Three of them i.e. Uke, Khandalkar and Thombre in presence of fourth unknown person facilitated a video call between Judge Loya and Satish Uke. During the video call conversation. Judge Loya , apart from Chief Justice Mohit Shah took names of Justice B.R. Gavai, Devendra Fadnavis and Subhanshu Joshi (Advocate in Nagpur) as the persons pressurizing him to pass the discharge order. He also spoke about a draft order sent to him by these persons to discharge an accused in Sohrabuddin fake encounter case. Judge Loya also told that he will be sending a draft copy of order to Retd Judge Thombre.

– Thereafter within 2-3 days Copy of draft order received by Retd. Judge Thombre and was in custody of Thombre.

– Between 4th November2014 to 09th November 2014 Adv. Satish Uke, Adv. Prakash Thombre and one of their friend came to Delhi to take opinion of a known Senior Lawyer in Delhi about this issue. Senior Lawyer concerned in his opinion did not consider the said material sufficient to approach the Court. So Adv Uke and Adv Prakash Thombre returned disappointed to Nagpur (their travelling records are available).

  1. Suspicious Death of Judge Loya in Nagpur on 30.11.2014

– The police security provided to Judge Loya was withdrawn in Mumbai from 24.11.2014 and he was not provided any security in Nagpur.

– There is no travel record of Judge Loya travelling to Nagpur in Train from Mumbai.

– There is no entry of Judge Loya or Judge Modak in Occupancy register of Ravi Bhawan of 30.11.2014.

– Post Mortem of Judge Loya was conducted on 1/12/14 Time: at 10.50-11.50 a.m. by Doctor Tumram without information and consent of immediate family members.

– There are several discrepanciesin the post mortem report which are self evident.

  1. Suspicious deaths of Advocate Khandalkar and Retd. Judge Thombre who helped Judge Loya

– Thereafter Adv Khandalkar told Adv Uke that he is receiving threats from his erstwhile Senior, Justice B.R. Gavai and Adv. Ketki Joshi of Nagpur. After death of  Judge Loya.

– Adv. Khandalkar’ s body was found in District Court premises of Nagpur allegedly fell from 8th storey on 29th November 2015 (28th November 2015 was closed for Court work on account of 4th Saturday), he was missing for two days.

– Retd. Judge Thombre was also receiving Life threats after death of Judge Loya as told to Adv. Uke from Subhanshu Joshi (husband of Ketki Joshi) and was also threatened that his pension will be stopped by Justice B.R.Gavai.

– Retd. Judge Thombre also died suspiciously while travelling in train from Nagpur to Bangalore on 16/5/2016 in Hyderabad. There is no FIR till date on this incident.

– Adv. Satish Uke was also threatened repeatedly, an attempt on his life was made on 08.06.2016, heavy weight iron material about 5000 kg’s suddenly fell on the office roof of Adv. Uke withing a minute of Adv Uke leaving his office for his house, which was just 50 steps away. This incident destroyed the office of Adv Uke completely. Adv Uke filed a Complaint in Police station Ajni, Nagpur, panchnama was done but till date no FIR or investigation in the said incident.

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Yogi Adityanath hits back after Akhilesh Yadav says organising cabinet meeting at Kumbh is political

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

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The political atmosphere in Uttar Pradesh sizzled as Chief Minister Yogi Adityanath launched a blistering attack on Samajwadi Party leader Akhilesh Yadav, accusing him of disrespecting the Maha Kumbh and the religious sentiments of the Indian people. This sharp rebuke, delivered during a public rally in Milkipur ahead of crucial by-elections, followed Yadav’s criticism of the state government holding a cabinet meeting at the Kumbh Mela site.

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

He further escalated his attack, painting the Samajwadi Party as being mired in internal property disputes and insinuating connections to criminal elements, thereby attempting to discredit Yadav’s criticisms as coming from a morally compromised position.

Yadav’s initial criticism focused on the perceived impropriety of holding a cabinet meeting within the sacred space of the Kumbh Mela. He argued that the government was inappropriately using a religious event for political purposes, a charge that Adityanath vehemently rejected.

The Uttar Pradesh cabinet meeting itself was significant. All 54 ministers attended, approving numerous development schemes designed to boost Prayagraj and the surrounding region.

A key announcement involved extending the Ganga Expressway, a crucial infrastructure project designed to connect Prayagraj, Mirzapur, Bhadohi, Kashi, Chandauli, and ultimately, the Purvanchal Expressway in Ghazipur. This ambitious project, Adityanath claimed, would significantly contribute to sustainable development in the region.

Logistical adjustments were made to minimize disruption to the Kumbh Mela pilgrims. The cabinet meeting’s venue was shifted from the Mela Authority Auditorium to the Triveni Sankul in Arail to avoid inconveniencing devotees and managing the security arrangements for the VIP attendees.

The day concluded with Adityanath and his entire cabinet participating in the Kumbh Mela’s sacred rituals, taking a ceremonial dip in the Triveni Sangam. This highly publicized event, mirroring a similar participation in 2019, served as a powerful visual counterpoint to Yadav’s earlier criticism. The event simultaneously showcased the government’s commitment to religious traditions while promoting its developmental agenda.

The clash between Adityanath and Yadav underscores the deep political divisions and the strategic use of religious symbolism in Uttar Pradesh’s political landscape. The Maha Kumbh, a significant religious event, became a battleground for political point-scoring, highlighting the complex interplay between religion and politics in the state.

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Delhi Assembly elections: BJP promises free education and student aid, AAP raises concerns

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Arvind Kejriwal addressing media after writing to RSS chief Mohan Bhagwat on BJP’s alleged electoral misconduct

As Delhi gears up for the upcoming assembly elections on February 5, the Bharatiya Janata Party (BJP) released the second installment of its election manifesto, promising comprehensive solutions to citizen issues and tackling misgovernance and corruption allegations against the incumbent Aam Aadmi Party (AAP).

The manifesto, dubbed ‘sankalp patra,’ includes significant pledges such as free education from pre-school to postgraduate levels for needy students at government institutions, and a financial package comprising Rs 15,000 and travel reimbursements for young individuals taking entrance exams. Scheduled Caste students enrolled in technical and professional courses are also promised a monthly stipend of Rs 1,000.

Building on their first manifesto which targeted women voters, the BJP’s latest promises focus on the youth, with over 1.5 lakh set to benefit from a new skills training program. This release follows criticisms by AAP of the BJP’s approach, especially after the tragic incident last July where three civil service aspirants lost their lives due to flooding.

Anurag Thakur, former Union Minister, emphasized the ‘Modi ki guarantee’ assurance, stating these initiatives would be implemented swiftly if the BJP is elected. The manifesto also includes welfare measures for domestic workers and insurance schemes for auto-rickshaw and taxi drivers, who have traditionally been a strong support base for AAP.

In response, AAP leader Arvind Kejriwal critiqued the BJP’s plans, particularly highlighting a clause that, according to him, would limit free education to only “eligible” children, deviating from AAP’s policy of universal free education. Kejriwal also recalled BJP’s earlier statement on discontinuing free healthcare, framing these promises as a threat to the financial stability of Delhi’s households.

The AAP’s counter-campaign warns voters that electing BJP could lead to increased living costs and bureaucratic hurdles in accessing education and healthcare, urging the electorate to consider these factors carefully. With the election results due on February 8, both parties continue to vie for public favor through promises aimed at key demographics.

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Uttarakhand State cabinet approves uniform civil code manual, dates for rollout soon

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Pushkar Singh Dhami

In a significant step toward legal reform, the Uttarakhand Cabinet, led by Chief Minister Pushkar Singh Dhami, has approved the manual for the implementation of the Uniform Civil Code (UCC). The approval came during a Cabinet meeting held at the state secretariat on Monday. The dates for the rollout of the UCC will be announced soon.

This decision follows partial amendments made to the rules previously drafted for the UCC’s implementation. The amendments were thoroughly examined and finalised with input from the Law Department, with the Cabinet’s discussion focusing on the smooth execution of the law.

Post-meeting, Chief Minister Dhami expressed his satisfaction with the progress, underlining the government’s commitment to fulfilling a key electoral promise. “We had assured the people of Uttarakhand during the 2022 elections that the UCC would be implemented promptly once our government came to power. With the draft committee’s work complete, we are now closer to fulfilling that promise,” Dhami stated.

Uttarakhand’s implementation of the UCC will make it the first state in India to adopt a comprehensive civil law framework for all religious communities. The UCC aims to standardize laws in areas such as marriage, divorce, inheritance, adoption, and maintenance. While India already has a Uniform Criminal Code, a unified civil law has not existed until now.

The UCC will explicitly exclude tribal communities and prohibit practices such as ‘halala’, ‘iddat’, and ‘talaq’, which are part of Muslim Personal Law. The law itself consists of 392 sections and is divided into seven schedules. The comprehensive 750-page draft, which spans four volumes, was prepared by a five-member expert committee formed in June 2022 to examine the feasibility of introducing the UCC in Uttarakhand.

Led by Retired Justice Ranjana Prakash Desai, the committee submitted the final draft to the state government on February 2, 2024. The draft received approval from the state Cabinet on February 4, followed by ratification by the state Assembly during a special session. Governor Lt. Gen Gurmit Singh (Retd) gave the green light on February 28, marking the UCC’s passage into law, a move hailed as a historic milestone in Indian legal history.

While the implementation dates are yet to be finalized, the Cabinet’s approval signals that Uttarakhand is poised to set a significant legal precedent in India.

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