Big slap on Jaisingh, Prashant Bhushan and Congress: SC called the Loya Death probe petition ‘frivolous’ and attempt to malign judiciary
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New Delhi, March 19: Calling it "‘frivolous’ and attempt to malign judiciary" , the Supreme Court today dismissed the petitions filed seeking an independent investigation into the death of Judge Loya. The Court came down upon the petitioners and their counsel Dushyant Dave, V Giri and Prashant Bhushan and Indira Jaisingh for what it termed as scandalising the judiciary and judges and for misusing PIL jurisdiction to settle political scores.
The judgment was delivered by a three-judge bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, in a batch of PILs demanding an independent probe into the death of the judge.
Justice Loya died allegedly of cardiac arrest in December 2014 in Nagpur where he had gone to attend the wedding of a colleague's daughter. A batch of pleas, including those filed by Congress leader Tehseen Poonawala and Maharashtra-based B S Lone, was filed in the top court seeking an independent probe into judge’s death. SC dismissed the petition holding that there is absolutely no merit in the case and also opined that the political battles should be fought in the “halls of democracy” and not inside court.
While stating that there was nothing on record to discredit the statements of the four judges who had testified that Judge Loya died due to natural causes, the Court disapproved of the conduct of the lawyers in the matter.
The Court also berated the petitioners for casting aspersions on the Administrative Committee of the Bombay High Court and the Supreme Court judges.
“Even judges of this court were not spared”, it said referring to the request made by Prashant Bhushan for recusal of Justices AM Khanwilkar and DY Chandrachud.
Expressing anguish at the conduct of the petitioners and their counsel, the Court said that it is prima facie criminal contempt of court, but is refraining from taking contempt action.
It, therefore, dismissed the petition holding that there is absolutely no merit in the case.
PILs by multiple parties came to be filed in the aftermath of a report published by The Caravan magazine in November 2017, which raised questions regarding the suspicious circumstances under which Judge Loya died. A follow-up report published by The Caravan also quoted Judge Loya’s family members alleging the offer of a bribe by then Chief Justice of the Bombay High Court Mohit Shah to Judge Loya for delivering a judgement in favour of BJP President Amit Shah, the prime accused in the Sohrabuddin fake encounter case.
Here are the highlights of what the SC said in its judgment which is a tight slap for the gang of lawyers and Congress party which insulted the Indian Judiciary:
- Completely frivolous petition brought in a motivated manner to denigrate judiciary
- PIL ‘bereft of any truth’
- Attempts were made to scandalise judiciary by levelling serious allegations against judicial officers and judges of Bombay HC
- Judge Loya died of natural causes and there was ‘not a shred of doubt about it’
- Advocates of the petitioners launched a frontal attack on the judiciary by egging the SC to disbelieve the three judicial officers who accompanied Loya to Nagpur and stayed with him at a guest house and said the judge died of a heart attack
- No reason to doubt statements of four judges on circumstances leading to the death of Loya
- Should initiate contempt proceedings against the petitioner in such a case where a ‘political rivalry is brought to court to malign judiciary’
- During arguments, counsel forgot to maintain institutional civility towards SC judges and made wild allegations
After hearing the matter and several rounds of contentious exchanges between Senior Counsel, the Court had reserved its judgement on March 16.