Judge Loya death: SC says 'serious matter,' needs bi-party hearing

Judge Loya death: SC says 'serious matter,' needs bi-party hearing

A bench comprising Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud today took note of the submission seeking urgent hearing on the plea for a probe into the circumstances surrounding Loya's death.

B H Loya was hearing the Sohrabuddin Sheikh encounter case, and the Supreme Court sought response from Maharashtra government on pleas seeking an independent probe into it.

Mr Naik pointed out that the judge who took over the case, subsequently, within 29 days of the death of judge Loya, discharged Mr Shah from the case, accepting an application filed by him. The court will hear the matter on Friday.

To this, he said "the Bombay High Court is seized of the matter and in my opinion the Supreme Court should not hear this matter. If the court goes ahead with the hearing, it may have implications before the high court", Dave said.

The plea will be heard tomorrow.

Loya had gone to Nagpur to attend the wedding of a colleague's daughter on November 30, 2014, when he apparently fell ill suddenly and died of a heart attack. The bench said it would consider the objections.

Justice Loya's death in mysterious circumstances had become one of the most debated issues of the previous year, and it looks like the case has bled into the year as well. "I requested my advocate on record to argue the matter despite the pressure", Poonawalla said. The counsel contended that they were representing Bombay Lawyers Association which had already filed a similar petition before the Bombay High Court and that is coming up for hearing on January 23.

The case with major political overtones pertains to the killing of suspected gangster Sohrabuddin Sheikh and his wife Kausar Bi and their associate Tulsidas Prajapati in Gujarat in November 2005.

Before his death on December 1, 2014, Loya was presiding over a special CBI court in Mumbai, where he was hearing the case of the alleged extrajudicial murder by the Gujarat Police of alleged extortionist Sohrabuddin Sheikh.

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