Supreme Court dismisses pleas for probe into CBI judge BH Loya's death

The ruling BJP alleged Congress President Rahul Gandhi was the "invisible hand" behind the petitions for a probe into the judge's death

The Supreme Court (SC) on Thursday dismissed pleas for a probe into the death of special CBI judge B H Loya.

Loya was hearing the high-profile case of Sohrabuddin Sheikh, killed in an allegedly fake 'encounter'. The judge had allegedly died of cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleague's daughter.

The SC said the public interest suits were serious attempts to scandalise and obstruct the course of justice. A Bench comprising Chief Justice Dipak Misra and judges A M Khanwilkar and D Y Chandrachud said there was no reason to doubt the statements of four judges on circumstances leading to Loya's death. It said the documents placed on record and their scrutiny established that the death was due to natural causes.

The ruling Bharatiya Janata Party (BJP) alleged Congress President Rahul Gandhi was the "invisible hand" behind the petitions for a probe into the judge's death. BJP spokesman Sambit Patra demanded the Congress president, and his mother Sonia Gandhi apologise for trying to use the judiciary for character assassination of BJP chief Amit Shah, accused in the case.

The Congress and other opposition parties, some senior lawyers and activists, expressed disappointment at the SC order.

Congress spokesperson Randeep Singh Surjewala termed it a "sad letter day" in the country's history. He raised 10 questions, indicating Loya's death was anything but natural.

Special CBI judge B H Loya

Surjewala said only a fair probe could have unearthed the truth.

The SC order also seemed to revive calls among opposition parties to move an impeachment motion against Chief Justice of India (CJI) Misra.

Ghulam Nabi Azad, leader of the opposition in the Rajya Sabha, will meet leaders of some of the other parties on Friday to discuss if they should move their impeachment motion in the Rajya Sabha against the CJI.

Four senior SC judges —judges J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph — at a January 12 press conference had questioned the manner in which sensitive cases were being allocated and Loya's case was one of them.

However, on Thursday, the apex court said the petitions for a probe were a frontal attack on independence of the judiciary. Frivolous and motivated litigation have been filed to settle political rivalry.

The court criticised senior advocates Dushyant Dave, Indira Jaising and Prashant Bhushan for insinuations against judges.

Italso took serious note of Bhushan's plea that two of SC judges, Khanwilkar and Chandrachud, should recuse themselves from hearing the matter, as they come from Maharashtra and must be knowing all judges of the Bombay High Court concerned with the case.

The top court said it had thought of initiating contempt proceedings against the petitioners but decided not to go ahead with this.