Will judge BH Loya death be probed independently? SC to review decision
A three judge Bench headed by Chief Justice Dipak Misra had rejected the CBI probe on April 19.
New Delhi: The Supreme Court on Tuesday will hear a petition filed by the Bombay Lawyers Association seeking review of its judgement dismissing the plea for an independent probe into the death of CBI special judge BH Loya
A three judge Bench headed by Chief Justice Dipak Misra had rejected the CBI probe on April 19. The apex court, however, has decided to give the matter a private hearing "in chamber".
On April 19, the Supreme Court ruled that the documentary material on the record indicated that the death of judge Loya was due to natural causes and there were no suspicious circumstances that would merit a further inquiry.
BH Loya had died of a cardiac arrest in 2014, while hearing a murder case where BJP chief Amit Shah had been named. The judge who replaced him ruled there was not enough evidence against Amit Shah to merit a trial.
When the family of judge Loya alleged last year that he had been under threat and there were suspicious circumstances about his death, it triggered a huge controversy and called for an independent investigation.
In January, judge Loya's son Anuj Loya said the family no longer had any suspicion about the death.
In its decision in April, the Supreme Court called the petitions for investigation "scandalous" and a "frontal attack on the judiciary". The court also said that it took "strong exception" to the insinuation that "one individual controls judiciary".
In its review petition, Bombay Lawyers Association said the "judgment has resulted in miscarriage of justice, if not complete negation of justice on the facts of the case. It is therefore clearly required in the interests of justice that the judgment and order in question be reviewed and recalled".