Hearing In PILs Seeking Probe In To Judge Loya's Death Concludes, SC Reserves Judgment

The hearing in the string of writ petitions seeking an independent probe into the death of CBI special judge Loya concluded on Friday, with Senior Counsel Mukul Rohatgi, appearing on behalf of the state of Maharashtra, making his final submissionsIn context of the credibility of the discreet inquiry carried out by the Commissioner of State Intelligence, he submitted before the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar,“The officer who has conducted the discreet inquiry is of the rank of the Deputy Commissioner of Police (DGP)...he is among the senior most officers in the state of Maharashtra”.In response to Justice Chandrachud’s remark at the previous hearing regarding the vigilance manual, in accordance with which the state had conducted the discreet inquiry, being applicable only to offences of corruption by public servants, Mr. Rohatgi advanced,“The discreet inquiry carried out in the present case draws a parallel from the anti-corruption inquiry...this was the case of the death of a judge; a similar inquiry could also have been conducted regarding a prominent politician...such inquiries are conducted discreetly so that the subject of the inquiry does not find out”.Responding to Advocate Prashant Bhushan’s submission, made in reliance on an article dated February 11 published in the Caravan citing the observations of renowned forensic expert Dr. R. K. Sharma (formerly the Head of Forensics Department at the AIIMS, New Delhi) that he had rendered upon examination of judge Loya’s medical reports, Mr. Rohatgi clarified, “the Nagpur Police, after the appearance of the February 11 article in the Caravan, wherein Dr. Sharma has been quoted as opining that the accidental death could not be attributed to a heart attack, has addressed a letter dated February 14 to the AIIMS, New Delhi. Replying to the said letter, AIIMS has conveyed that upon confirmation with Dr. Sharma, he has stated that he has been ‘grossly misquoted on the death of judge Loya by the Caravan’, that the ‘conclusions (cited in the article) are imaginary, that the ‘discussion was general’ and that his opinion as quoted in the article does not subscribe to the medical reports”. “Please do not believe the publication in the Caravan; it is solely for the purpose of sensationalisation”, remarked Mr. Rohatgi.Towards the end of the hearing on Friday, Mr. Bhushan stated that Dr. Sharma has been pressurised to say that he was misquoted in the Caravan article. “Dr. Kaul is also receiving many calls ever since I cited his opinion in the court”, he added. He drew the attention of the bench to a transcript of a conversation wherein the story and Dr. Sharma’s quotes had been confirmed with him before publication.Further, Replying to Mr. Bhushan’s reiteration of 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 as well as the histopathology report, that the reports do not reveal any evidence of a recent acute myocardial infarction (heart attack), Mr. Rohatgi advanced, “Nagpur Police addressed another letter to Dr. Harish Pathak, Head of Forensics and Toxicology at the KEM Hospital in Mumbai...on the perusal of the Meditrina doctors’ progress report, the autopsy report, Dr. Pankaj Harkoot’s statement (cardiologist at Meditrina Hospital), observations regarding ‘Tall T’ waves in the ECG report, resuscitative measures (at Meditrina), observations of Meditrina doctor Dr. (Ninad) Gawande (whose signature appears on the medico-legal certificate) and several medical books, Dr. Pathak has concluded that judge Loya’s death happened on account of acute coronary insufficiency. He has even stated that the histopathology report does not present different results from the autopsy report”. “Your Lordships are not making a medical appraisal...you are looking at a sequence of events- on November 29, 2014, judge Loya, accompanied by judges Modak and Kulkarni undertook a train journey to Nagpur. They arrived on the morning of the November 30, spent the day shopping and meeting judges of the Bombay High Court, and attended the wedding of the daughter of a colleague in the evening. At around 4 AM on December 1, judge Loya complained of chest pain at Ravi Bhawan...judges Barde and Waikar were called...he was taken to Dande Hospital where an ECG was carried out...thereupon, on the recommendation of Dr. Pankaj Harkoot, he was taken to Meditrina Hospital where was declared ‘brought dead’ at 6:15 AM...at around 7 AM, Chief Justice Mohit Shah (the then Chief Justice of the Bombay High Court), (Bombay High Court) Justices Gawai, Shukre and Bora also arrived at the Meditrina Hospital...so at 7 AM, there were as many as 9 judges (including judge R. Rathi) present...” “The second sequence of events lasts from 7 AM to noon- the inquest under section 174 of the Cr. P. C. was carried out in the mortuary...this is only a visual...

Hearing In PILs Seeking Probe In To Judge Loya's Death Concludes, SC Reserves Judgment

Mehal Jain

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