No independent probe into Judge Loya's death case, SC says pleas 'scandalous'

Explainer: How a Sitting Judge Can Be Removed From Office

Explainer: How a Sitting Judge Can Be Removed From Office

BJP president Amit Shah, who is a former minister of state for Home in Gujarat, was made an accused in the encounter case and was discharged later.

Maharashtra government represented by senior advocates Mukul Rohatgi and Harish Salve along with Additional Solicitor General Tushar Mehta presented affidavits signed by four judges of the Bombay High Court who were with Justice Loya that day and also submitted the intelligence report of the investigation into Justice Loya's death.

"The misuse of PIL is a serious matter of concern for the judicial process", the court said.

A letter issued by the BJP parliamentary party on Thursday also provided written material for all party MPs asking them to run a campaign against Rahul and the Congress for defaming party President Amit Shah in their respective constituencies. Javadekar said the apex court dismissed the pleas, saying it was politically motivated.

Four senior-most apex court judges - Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph - at their January 12 press conference had questioned the manner in which sensitive cases were being allocated and Loya's case was one of them. "This court would be failing in its duty if it were not to stand by them", it said.

Apart from calling the petitions "scandalous", the bench also emphasised upon the fact that "business rivalries [ought] to be resolved in market and political rivalries in the hall of democracy".

The court further observed that the petitions were "frivolous and motivated" and filed to settle political rivalry. This move, the petitioner says, is in contravention of Para 22 of the Memorandum of Procedure which says, "the Chief Justice of the High Court, however, should not make a recommendation of the appointment of an Additional Judge when a vacancy of permanent judge is available in that High Court". "It has exposed the dirty design of the Congress and Rahul Gandhi should apologise to the country", he told reporters.

Two lower court judges had travelled with Loya to Nagpur to attend the wedding of colleague's daughter. "But there are still questions before those who believe in the judiciary", he said, raising 10 questions relating to the case as he criticised the verdict.

The Congress leader stressed that his party was not among the petitioners seeking a probe into the judge's death and recalled that the Congress had instead approached the "people's court" and approached the President along with 14 other Opposition parties.

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