Loya Case: Supreme Court’s Reasons For Dismissing Petitions Seeking Probe Into Judge Loya’s Death [Read Judgment]

The Supreme Court, on Thursday, dismissed the Petitions seeking an independent probe into CBI Special Judge Brijgopal Harkishan Loya's mysterious death.The Bench comprising Chief Justice of India Dipak Misra, Justice D.Y. Chandrachud and Justice A.M. Khanwilkar opined that the Petitions lacked merit and that the conduct of the petitioners and the intervenors is "lacking in bona fides and reveals a misuse of the judicial process".Breaking: SC Dismisses Petitions Seeking Probe Into The Death Of Judge Loya [Read Judgment]The Court took into account the report of the discreet enquiry initiated by Mr. Sanjay Barve, Director General and Commissioner in the State Intelligence Department. This report had concluded that Judge Loya suffered a heart attack in the presence of his colleagues belonging to the judicial fraternity.The reports had specifically relied on the sequence of events leading to the death, as narrated by the four judicial officers namely, Judge Shrikant Kulkarni (Member Secretary, Maharashtra State Legal Service Authority), Judge Shriram Modak (Principal District Judge, Pune), Judge Vijay Kumar Barde (District Judge, City Civil Court, Mumbai) and Judge R.R. Rathi (District Judge, Baramati).Noting that there was no reason to disbelieve their submissions, the Court concluded, "There is no reason for the court to doubt the clear and consistent statements of the four judicial officers. The documentary material on the record indicates that the death of Judge Loya was due to natural causes. There is no ground for the court to hold that there was a reasonable suspicion about the cause or circumstances of death which would merit a further inquiry."The four Judicial Officers acted with a "sense of duty"The Court noted that a "frontal assault" had been launched against the statements of the four judicial officers by the Petitioners, contending that the procedure of obtaining permission from the Chief Justice of Bombay High Court was completed within one day and the statements were submitted by the four judges on the next day.The Court, however, did not agree with such questions raised against their statements, observing, "We are unable to subscribe to this line of submissions. The Chief Justice of the Bombay High Court granted permission to the Commissioner of the State Intelligence Department to record the say of the four judicial officers. The matter was of importance......There was no reason for the four judicial officers to procrastinate or delay the submission of their statements. There is no basis whatsoever to make any imputation against the four officers of the state judiciary."It further noted that the Judges had spoken in detail in their statements, opining that they had a "ring of truth", and that they had "nothing to conceal nor an axe to grind". It, in fact, went on to appreciate the Judges, observing,"The four judicial officers acted responsibly. There was no reason for them either to hasten or to cause a delay in submitting their versions of what they knew. Each of the four judges has acted with a sense of duty. This is how they would be expected to conduct themselves, in answering to a call of duty."Attempt to cast aspersions on members of the JudiciaryThe Court rapped Senior Advocate Dushyant Dave for alleging that the statements made by the judicial officers were not independent as their views were similar to the viewpoint taken by two High Court Judges in an Indian Express article. Mr. Dave had, in fact, demanded that disciplinary action be taken against the two High Court Judges- Justice B.R. Gavai and Justice S.B. Shukre- asserting that Judges of the District Judiciary cannot be expected to take a plea at variance with what had been stated by two High Court Judges.The Bench, however, pointed out that the article was published after the four Judges had submitted their statements. It then opined that Mr. Dave's submissions were "preposterous" and made some scathing remarks against him, observing, "We are mentioning this aspect because the line of submissions in this case indicates an unfortunate attempt to use every possible ploy to cast aspersions on members of the district and higher judiciary. That senior counsel chose with all seriousness to make those submissions without a sense of responsibility, and without verifying the basic facts reveals a disturbing state of affairs. We must express our disapproval in no uncertain terms."The four Judges acted in good faithThe Court also rejected the doubts raised on the steps taken by the four Judges to take Judge Loya to Dande Hospital and not to a specialized cardiac care facility. It opined that the Judges did act in good faith, and that their conduct cannot be questioned. The Bench observed,"The issue in the present case is whether Judge Loya died a natural or unnatural death. To attribute motives to his colleagues who were with him and took immediate steps to shift him to a hospital nearby is absurd, if not motivated. In hindsight, it is...

Loya Case: Supreme Court’s Reasons For Dismissing Petitions Seeking Probe Into Judge Loya’s Death [Read Judgment]

Apoorva Mandhani

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