Probe Loya's death in public interest, Supreme Court told
Dave insisted that the court should direct the four judges to file an affidavit in support of their statements given to the police.
New Delhi: The fact that BJP President Amit Shah was discharged within 15 days of the new judge taking over after the death of former sessions judge H.B. Loya gives rise to grave suspicion in the death of Loya, warranting an independent probe, asserted senior counsel Dushyant Dave in the Supreme Court on Thursday.
Making this submission before a three-judge bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud, Mr Dave, appearing for Bombay Lawyers Association made a fervent plea for a probe in public interest.
Pointing out that the report of the commissioner of intelligence had completely relied on the statement of four district judges (two of whom have been elevated as high court judges) to treat it as a case of heart attack.
Mr Dave insisted that the court should direct the four judges to file an affidavit in support of their statements given to the police, which he alleged was given under pressure. It does not mean that merely because they held high positions, their statements should be accepted as it is and they must be subjected to cross-examination.
Mr Dave reiterated that the circumstances of discharge of Amit Shah, BJP president, from the Sohrabuddin fake encounter case and the fact that the CBI had not filed any appeal against this order gave rise to suspicion. He wondered why the Maharashtra government was shy of ordering an inquiry and why they want to “protect one man”.
The apex court should suo motu direct the CBI to file an appeal against the discharge of Amit Shah, he added.When Mr Dave pointed out that the entire report of the Maharashtra government was prepared in a hurry and does not inspire confidence, Justice Chandrachud said, “Sometimes even acting swiftly is questioned.” When counsel asked the court as to why it was asking questions to him and not to Maharashtra government, which has rushed through the enquiry, Justice Chandrachud said, “Justice lies in our heart, conscience and mind. There is no denial of justice. We don’t need a certificate from anyone.”