Supreme Court won't hear judge Loya case on Monday

Anuj Loya

Anuj Loya

The Supreme Court on Thursday (January 11) has chose to hear the case pertaining to the death of CBI judge Brijgopal Loya.

The latest move unfolds as one of the apex court judges Justice Mohan M Shantanagoudar is on leave.

'This matter requires bi-parte hearing rather than ex-parte, ' the Supreme Court said on Friday.

On January 8 previous year, the Bombay Lawyers Association had filed a public interest litigation in the Bombay High Court seeking a probe into Loya's death.

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While the Bombay Lawyers Association had filed their case on January 4, the case received a petition number from the registrar of the Bombay High Court only on the afternoon of January 12, after the four senior-most Supreme Court judges after the Chief Justice of India held an unprecedented conference alleging impropriety in Chief Justice of India Dipak Misra's assignment of cases. He was then hearing the Sohrabuddin encounter case in which various police officers and BJP president Amit Shah were named as parties. "It needs to be examined at the highest level of the Supreme Court", said Rahul. The apex court hearing it will have an impact on the case pending in HC, Dave said.

Since the Bombay Lawyers Association's case for a probe was also listed on Friday before the Bombay High Court, senior advocate Dushyant Dave, pleaded on its behalf, not to hear the case.

The plea was filed by Maharashtra-based journalist B R Lone.

Loya died of a cardiac arrest in Nagpur on 1 December, 2014 where he had gone to attend the wedding of a colleague's daughter.

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The bench of Justices Arun Mishra and M Shantanagoudar, before whom the petitions came up, sought to know whether the state was represented in the matter. The next hearing is scheduled for January 15.

Caravan magazine in its report had claimed that Justice Loya's sister and father had said that the Justice was offered a bribe of Rs 100 crore and a flat in Mumbai to pass a favourable judgment in Sohrabuddin encounter killing case.

A PIL seeking probe into the judge's death has also been filed before the Bombay High Court on January 8 by the Bombay Lawyers' Association.

Poonawala, in his plea, contended that circumstances revolving around the death of the judge were "questionable, mysterious and contradicting".

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