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SC seeks autopsy report, records of judge Loya from Maha govt

Press Trust of India  |  New Delhi 

The Supreme today termed as a "serious matter" the issue of alleged mysterious death of special B H Loya, who was hearing the Sohrabuddin Seikh encounter case, and asked to file his autopsy report.

The top asked the state to file its reply by January 15 and said "this matter requires bi-parte hearing rather than ex-parte".

"This is a serious issue. We would like for state of to seek instructions and file the post mortem report and other relevant documents by January 15," a bench of Justices and M M Shantanagoudar said.

At the outset, senior Dushyant Dave representing said the high was already seized of the matter and the top should refrain from hearing the issue.

The bench asked Dave to specify why the apex should not hear the

To this, he said "the is seized of the matter and in my opinion the Supreme should not hear this matter. If the goes ahead with the hearing, it may have implications before the high "

Dave said he has been representing Bombay Lawyers' Association before the high

Senior Indira Jaising, who was also present in the courtroom, said she also had instructions from Bombay Lawyers' Association to pray that this matter should not be heard by the top

She said that two orders have already been passed by the high with one regarding issuing of notice and other for listing of matter on January 23. Hence the top should not hear the matter.

"We will see. We will take into consideration your objections. This is a serious issue," the bench said.

Varinder Kumar Sharma, appearing for Tehseen Poonawalla, said this was a case where a mysterious death of a judge, who was hearing a sensitive case, had taken place on December 1, 2014 and it needed to be investigated independently.

"Let the state file its reply by January 15. Then we will see what can be done," the bench said and listed the matter for further hearing.

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

The apex had yesterday agreed to hear two separate pleas filed by Poonawalla and Maharashtra-based B R Lone, seeking independent probe into the death of

The issue had come under the spotlight in November last year after quoting his sister fuelled suspicion about the circumstances surrounding his death and its link to the Sohrabuddin case.

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

"It is the submission of the petitioner that the judges are bestowed with the duty to protect the Constitution and uphold the majesty of rule of law. The judiciary, if not protected, may be unable to fulfil its duty towards public at large. In cases where prima facie material is available to investigate, it is absolutely necessary to order an inquiry," the said.

The other plea filed by the submitted that a fair probe was needed into the mysterious death of Loya, who was hearing the sensitive Sohrabuddin encounter case in which various police officers and were named as parties.

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

In the encounter case, the along with Home Minister Gulabchand Kataria, Rajasthan-based Vimal Patni, former police P C Pande, of Police Geeta Johri and police officers and N K Amin, have already been discharged.

A total of 23 accused, including police personnel, are facing trial for their involvement in the alleged fake encounter of Sohrabuddin Shaikh, his wife and their associate Tulsidas Prajapati in in November 2005.

The case was later transferred to and the trial shifted to

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Fri, January 12 2018. 18:40 IST