Loya Case-Initiate Contempt Against Bombay HC Admin Committee: Jaising, Wind Up Judiciary If The Allegations That Entire System Acting For 'One Man' Is True:Salve

"The Supreme Court while transferring the Sohrabuddin trial outside of Gujarat had envisaged the starting point of the trial to be the assignment of the case to an appropriate CBI court by the Administrative Committee of the Bombay High Court...judge Utpat had required the personal presence of Amit Shah on June 26, 2014, and at 4 PM on June 25, he was transferred to Pune with immediate effect by the Administrative Committee! ...please call for the records of the Committee and initiate suo motu contempt proceedings against the Committee...also, the transfer should not be explained by the state of Maharashtra but by the High Court,”, argued Senior Advocate Indira Jaising.“It has been alleged that the entire system is dancing to the tune of one man. If that is true, we might as well wind up the judiciary", submitted Senior Advocate Harish Salve.As the hearing in the string of PILs seeking an independent probe into the death of CBI special judge Loya resumed on Friday, advocate Prashant Bhushan continued his submissions on behalf of the CPIL.He relied on an article dated February 11, 2018 published in The Caravan citing observations of renowned forensic expert Dr RK Sharma (formerly the head of Forensics Department at the AIIMS, New Delhi) that he had rendered upon examination of judge Loya’s medical reports.“Dr. Sharma has mentioned signs of possible trauma to the brain and even a possibility of poisoning...he has clearly stated that there is no evidence of a heart attack in the histopathology report...in fact, he has noted that the post mortem report reveals a calcification in vessels and consequently, judge Loya could not have suffered a heart attack...the postmortem report has also shown a coronary artery insufficiency which again rules out a heart attack...further, Dr. Sharma has opined that the congestion of the dura (the membrane surrounding the brain) and also in several other body parts such as the spleen, liver, kidney, oesophagus, lungs could be on account of poisoning,” he said.Thereupon, Bhushan reiterated renowned cardiologist Dr. Upendra Kaul’s response, on the latter’s examination of the ECG report published by The Indian Express on November 27, 2017, to a question posed by the advocate via email as to whether the ECG reveals any evidence of a recent acute myocardial infarction (heart attack). “Most unlikely”, Dr. Kaul had written.“The examination of the histopathology report has revealed narrowing of arteries and congestion in the brain, but the heart tissue and muscles have shown to be normal. When there is a heart attack, one part of the heart dies and that would have been apparent in the microscopic exam...,” continued Bhushan.“After Dr Sharma’s observation relating to the congestion in the brain as well as other body organs, I consulted several other doctors who opined that the congestion may also be imputed to an intensive CPR, but not a heart attack...they also said that even on account of a CPR, the congestion could not have reached the brain...besides, if CPR so intensive was administered, the patient’s ribs should have ordinarily been broken,” submitted Bhushan.Elaborating on the “abnormality” regarding the preparation of the viscera report, he advanced, “The viscera samples were sent on December 1, 2014, but the viscera exam started only on January 5, 2015, five weeks after the sample was received...despite the examination having been concluded on January 19, 2015, the viscera report was prepared only on February 5, 2015”.“The doctors at both Dande and Meditrina Hospitals have stated that ‘Tall T waves’ were apparent in the ECG report which are symbolic of a heart attack, yet the state of Maharashtra did not furnish the report before this court. It may be recalled that judge Rupesh Rathi had said in his handwritten letter that the ECG machine at Dande was broken and so no ECG could be carried out,” continued Bhushan.“Does this ECG report show ‘Tall T waves’,” inquired Justice DY Chandrachud.“No”, responded Bhushan.“None of us are medical experts...both Dr. Sharma and Dr. Kaul are only giving an opinion...based on article of February 11, the Nagpur police has addressed a letter to both AIIMS, New Delhi and the KEM Hospital in Maharashtra...Dr. Sharma has offered a clarification on his opinion...I did not want to get into this but now that the issue has been raised, I will show what Dr. Sharma has said regarding the publication in the Caravan”, intervened senior counsel Mukul Rohatgi. Chief Justice Dipak Misra also asked Rohatgi to file all relevant documents.Proceeding to continue his arguments, Bhushan submitted, “the letters of the four judicial officers are not accompanied by affidavits. We do not know if the said letters have actually been written by these judges. We also cannot say if the contents of these letters are true”, adding, “merely because judge Loya had allegedly complained of chest pain, how are these judges even saying that he died of a heart attack?”Referring to the...

Loya Case-Initiate Contempt Against Bombay HC Admin Committee: Jaising, Wind Up Judiciary If The Allegations That Entire System Acting For 'One Man' Is True:Salve

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