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Judge Loya: BJP asks Rahul not to fight political battles in court

20 April 2018, 01:09 | Lucy Hill

SC refused probe in judge Loya death dismissed all PIL's

Supreme Court Website Down Minutes After Judge Loya Ruling

The Supreme Court on Thursday rejected the plea for an independent inquiry into the circumstances of the death of Brijgopal Harikishan Loya, a judicial officer in Maharashtra on December 1, 2014 (who heard the Sohrabuddin fake encounter case involving BJP president Amit Shah) holding that there are enough materials to suggest that he died of natural causes. While the BJP and the Congress were locked in a high-decibel back-and-forth over the Supreme Court's ruling, Rahul Gandhi took to Twitter to say: "Indians are deeply intelligent".

The party's IT cell chief Amit Malviya said on Twitter, "Attempts to politicise Judge Loya's death is not an isolated instance when Congress turned to judiciary in order to implicate and malign BJP President Amit Shah".

In November a year ago, Caravan magazine published a report in which Loya's relatives were quoted as alleging that Loya was under "immense pressure to give a favourable verdict in the case", raising questions about the circumstances of his death. The BJP said Gandhi should apologise for his conspiracy to target Shah and the Indian judiciary. The statements contain matters of detail, which would be known to those who were present with judge Loya. "Conduct of the petitioners and intervenors scandalises the process of the court and prima facie constitutes criminal contempt", the bench said but refrained from initiating criminal contempt proceedings. The court further said that with these petitions, it becomes clear that a real attempt and frontal attack was made on the independence of judiciary and criticised attempts by senior advocates and activist lawyers Dushyant Dave, Indira Jaising and Prashant Bhushan to make insinuations against judges, including that of the apex court.

The petitions did not believe that Loya died of heart attack.

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Surjewala also had said it was a "sad letter day" in the " country's history and pitched for a fair probe into the" matter.

Meanwhile, the Bombay Lawyers Association, one of the petitioners, has made a decision to file a review petition in the Supreme Court against the verdict. This, the SC said, ate into precious court time, which could have been utilised to dispense justice in other cases.

With four Mumbai judges attesting they were present at the wedding ceremony in Nagpur when Loya had suffered a fatal heart attack, the apex court has played it by the only book that jurisprudence can.

Every hearing in the case was explosive, with the petitioners and the government hurling accusations at each other.

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