Loya death case: BJP asks MPs to attack Rahul over SC verdict; 10 updates

While the BJP slammed the Congress after the SC ruling in judge Loya death case, Rahul Gandhi targetted BJP chief Amit Shah, saying 'the truth has its own way of catching up with people like him'

The Supreme Court on Thursday ruled that the death of special Central Bureau of Investigation (CBI) judge Brijgopal Harkishan Loya, who was conducting a trial in the Sohrabuddin Sheikh fake encounter case -- Amit Shah, now the president of the Bharatiya Janata Party (BJP), was an accused -- does not merit an independent probe. The apex court dismissed petitions seeking a special investigation team (SIT) probe into judge Loya's demise and held that he died of "natural causes". Holding that there was absolutely no merit in the petitions, the court also rebuked the petitioners, saying that it became clear from their PILs that there was "a real attempt and frontal attack" on the judiciary's independence. 

A Bench comprising Chief Justice Dipak Misra and judges A M Khanwilkar and D Y Chandrachud delivered the 114-page judgment. In all, there were five petitions, including those filed by Congress leader Tehseen Poonawala and Maharashtra-based journalist B S Lone, seeking an independent probe into judge Loya's death.  

The Supreme Court's verdict on judge Loya's death sparked a verbal slugfest between the BJP and the Congress. A senior BJP leader accused the Congress of conspiring to defame Shah, while Congress President Rahul Gandhi said that "the truth has its own way of catching up with people" like Shah. Commenting on the verdict, BJP spokesman Sambit Patra said that all the petitions in the matter were politically motivated and aimed at defaming Amit Shah. Congress retorted that Thursday was a "sad letter day" in India's history and pressed its demand for a fair investigation into Loya's "mysterious death". 

The heightened political temperature apart, the apex court's judgment, pronounced by Justice Chandrachud, in the judge Loya matter took exception to the way the public interest litigation (PIL) was filed and insinuations were made against the committee of administrators of the Bombay High Court and the judges of the Supreme Court in the course of the hearing. However, the apex court said that it was not initiating civil contempt against the petitioners for scandalising the judiciary. "The PIL was misused with a political agenda that one man was behind everything. It is a matter of serious concern when court is faced with frivolous PILs and several genuine cases involving personal liberty of the under-privileged are pending. It is a travesty of justice in the guise of demanding independence of judiciary as if there is a great danger to this institution," the court said. 

The Bench also pulled up senior advocates Dushyant Dave, Indira Jaising, and activist-lawyer Prashant Bhushan, along with others, who were representing the petitioners and intervenor in the Loya case. 

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

Here are the top 10 developments around the Supreme Court's verdict on the death of special CBI judge Brijgopal Harkishan Loya:
 

1) BJP asks MPs to attack Rahul over Judge Loya verdict: The day the Supreme Court dismissing petitions seeking an SIT probe into the death of Judge B.H. Loya, the BJP asked its MPs to attack Congress President Rahul Gandhi demanding his apology by holding press conferences and on social media platforms. A letter issued by BJP Parliamentary party on Thursday also provided written material for all the party MPs asking them to run campaign against Gandhi and the Congress for defaming party President Amit Shah in their respective constituencies.

2) SC expresses anguish over attempts made to scandalise judiciary in judge Loya case: The Supreme Court took strong exception over attempts made in the judge B H Loya death case to "scandalises the process of the court", which prima facie constituted criminal contempt, as lawyers did not even spare the apex court judges hearing the matter from the "vituperative assault on the judiciary". The apex court said serious attacks were made on the credibility of two Bombay High Court judges and aspersions were cast on the high court's administrative committee, against whom lawyers had called for the issuance of contempt notices.  

The Bench said that the conduct of the petitioners and the intervenors scandalised the process of the court and prima facie constituted criminal contempt. However, on a dispassionate view of the matter, "we have chosen not to initiate proceedings by way of criminal contempt if only not to give an impression that the litigants and the lawyers appearing for them have been subjected to an unequal battle with the authority of law", it said. 

3) 'Settle business rivalries in the market, political ones in the halls of democracy': The pleas seeking a probe into the death of judge Loya constituted a "veiled attempt" to launch a "frontal attack" on the independence of the judiciary, the Supreme Court said, while expressing concern over the "brazen mis-utilisation" of PILs, especially at the behest of political or business rivals. Further, the apex court said that frivolous petitions, instituted at the behest of business or political rivals to settle scores behind the "facade" of a PIL, pose a grave danger to the credibility of the judicial process.

While dismissing the PILs seeking a probe into judge Loya's death, the Bench said that "business rivalries have to be resolved in a competitive market for goods and services". It added that "political rivalries have to be resolved in the great hall of democracy when the electorate votes its representatives in and out of office".

4) SC says Prashant Bhushan attempted to misrepresent facts; Bhushan dubs judge Loya verdict 'black day': The Supreme Court expressed concern over the manner in which advocate Prashant Bhushan has acted with a "lack of objectivity" and his assertions have bordered on an attempt to "misrepresent the facts and mislead the court". 

Bhushan, who was appearing for one of the petitioners seeking a probe into judge Loya's death, had argued that two of three judges on the Bench -- justices Khanwilkar and Chandrachud -- should recuse themselves from hearing the case as they were earlier judges in the Bombay High Court and might have known the judicial officers who submitted statements or justices Bhushan Gavai and S B Shukre who had visited judge Loya at the hospital.   

The Bench said if this was to be the test, it was rather ironical that the petitioners had instituted proceedings before the Bombay High Court whose judges were expected to be faced with the same situation. "We informed Mr Bhushan that a decision as to whether a judge should hear a case is a matter of conscience for the judge. There is absolutely no ground or basis to recuse. Judges of the high court hear intra court appeals against orders of their own colleagues. References are made to larger Benches when there are differences of view. Judges of the Supreme Court hear appeals arising from judgments rendered by judges of the high courts in which they served, either as judges or on appointments as Chief Justices. Maintaining institutional civilities between or towards judges is distinct from the fiercely independent role of the judge as adjudicator," it said. 

After the dust had settled, Bhushan dubbed the verdict as a "black day" for judiciary.   

Read our copy on Thursday's developments on the Supreme Court's verdict in the judge Loya death case here: Judge Loya's death: Congress failed to end Shah's political career says BJP 

4) SC rules judge Loya 'died of natural causes': While relying on the statements and accounts of four judges -- Shrikant Kulkarni, S M Modak, V C Barde, and Roopesh Rathi -- relating to the death of judge Loya, the Bench said, "There is no reason for this court to doubt the veracity of their statements." It said the statements of four judges were "credible, consistent and truthful" and there was no reason to disbelieve it.  

Dismissing the petitions, the court said: "There is no doubt and it is clear from the statements of the judicial officers that Loya died of natural causes."  

Three of the judicial officers, the court said, had travelled with Judge Loya by train from Mumbai to Nagpur to attend a wedding reception. They stayed together at Ravi Bhawan, attended the function and during the day they also visited the residences of a few judges.

5) SC rejects claim that judge Loya's ECG was not done at Dande hospital: The Supreme Court also rejected Bhushan's claim that no electrocardiogram (ECG) was conducted for judge Loya at Nagpur's Dande hospital, where he was initially taken for treatment after he complained of chest pain. The apex court said that the mention of an ECG in the progress notes of the doctor at Meditrina hospital, where he was taken later, indicated that the procedure was carried out at Dande hospital. 

It rejected Bhushan's submission that no ECG was done at Dande hospital where the judge was taken by four judges -- Shrikant Kulkarni, S M Modak, V C Barde, and Roopesh Rathi. "The death summary specifically adverts to the fact that the patient was taken to Dande hospital earlier where an ECG was done. Dr Dande has made the same statement. The progress notes also note a tall 'T' in the anterior lead which indicates that the ECG was seen by the doctors attending to Judge Loya at Meditrina hospital," the court said. "These progress notes are contemporaneous, since they also form part of the communication addressed by Dr N B Gawande at Meditrina to the PSI at Sitabardi on the same day after the judge had been brought dead to the hospital," it said.

"As a matter of fact, it is this very ECG which forms the subject matter of the submissions which have been urged by one of the intervenors, for whom advocate Prashant Bhushan appears. Having regard to the fact that the ECG has been specifically mentioned in the progress notes of the doctor at Meditrina hospital, we find no reasonable basis to infer that no ECG was done at Dande hospital," said the Bench. 

While seeking an independent probe, Bhushan had relied on the statement of judge Rathi, who had said that the nodes of the ECG machine at Dande hospital were not working and that no ECG was done at the hospital.    

6) After SC verdict, Loya's brother asks 'what can we do now': Away from the legal matters and political fistfight that ensued after the verdict, judge Loya's brother on Thursday said that he was resigned to his fate after the Supreme Court dismissed the petitions seeking an SIT probe into the death of the judge. "We have nothing to say... Whatever has happened, has happened. What can we do now?" said Srinivas Loya, who lives in Latur. He said that when the Supreme Court had not heeded noted lawyers like Prashant Bhushan, "...Then what is our standing? We are very small people. The best is we will not say anything in the matter now. How will it help? We can do nothing further... It's futile." 

7) BJP comes down heavily on Congress chief Rahul Gandhi, demands he apologise to Amit Shah: Thursday's Supreme Court ruling on the death of judge Loya, a matter which had threatened to drag in BJP chief Amit Shah, did nothing to quieten the political temperatures. The BJP came down heavily on Congress chief Rahul Gandhi, saying that he should apologise to Shah, the country, and the judiciary. 

BJP spokesman Sambit Patra said that all the petitions in the matter were politically motivated and aimed at defaming Amit Shah. "Today, he (Rahul Gandhi) got a befitting reply from the Supreme Court," said Patra.

Law Minister Ravi Shankar Prasad echoed the sentiment and said Rahul Gandhi should hang his head in shame. "It was a conspiracy by the Congress and its chief Gandhi to finish the political career of BJP President Amit Shah, as part of which wrong accusations were made and an over 100-strong delegation was taken to the President," Prasad told reporters. 

Rajasthan Chief Minister Vasundhara Raje said the Congress should apologise for "conspiring" to tarnish Amit Shah's image in the judge Loya death case.  

Union Minister for Petroleum and Natural Gas Dharmendra Pradhan on Thursday slammed the Congress over the apex court's verdict in Judge Loya's death case, stating that the grand old party always wants to trigger panic in the nation by creating a fuss over such issues.

8) Congress says it's a 'sad day'; Rahul says truth catches up with people like Amit Shah: The Congress, for its part, said that Thursday was a "sad letter day" in India's history and reiterated its demand for a fair investigation into Loya's "mysterious death". It listed the chain of events leading to his death.  

Disagreeing with the Supreme Court verdict, the Congress accused the BJP of making "false political capital" by "misinterpreting" the apex court's order. Further, Rahul Gandhi targeted BJP chief Amit Shah, saying that "the truth has its own way of catching up with people like him". The Opposition party said it was "unfortunate that the BJP is doing cheap politics even on the death of judge Loya" after the BJP alleged that the Congress chief was the invisible hand behind the petitions seeking the probe.    

"The truth of Judge Loya's death will one day positively come out after an independent inquiry monitored by Supreme Court," Congress communications in-charge Randeep Surjewala told reporters, and wondered why those in power are "shying away from a probe" if they "agree it is a natural death". 

"The prime minister should say that he will order a Supreme Court-monitored probe to ascertain the exact reasons for the death of judge Loya," he said.

He claimed that there is enough material that has not been placed before the Supreme Court and that can only come out through a fair investigation. "It is a sad letter day in India's history. The suspicious circumstances in which Loya died was a matter of deep concern for those who have faith in the judiciary. The copy of the entire judgment is not yet available. But there are still questions before those who believe in the judiciary," said Surjewala. 

He also raised a set of 10 questions relating to the case and noted that issue of criminality can be decided only through a probe, contending that no investigation was done into the death of Loya. 

Taking to Twitter, Rahul Gandhi said, "Indians are deeply intelligent. Most Indians, including those in the BJP, instinctively understand the truth about Mr Amit Shah. The truth has its own way of catching up with people like him." 

9) CPI(M) wants larger Bench to hear Judge Loya's death case: The Communist Party of India-Marxist demanded that the case be heard by a larger bench and described as "unfortunate" the apex court's rejection of demands for an independent probe into Loya's death.

  

10) NCP demands narco test of Nagpur doctor: After the Supreme Court's verdict, the Nationalist Congress Party (NCP) demanded a narco test be conducted on a doctor in Nagpur, who the party said had "supervised" the judge Loya's autopsy in 2014. NCP spokesperson Nawab Malik said Dr Makrand Vyawhare is a close relative of BJP leader and Maharashtra Finance Minister Sudhir Mungantiwar. "The postmortem report of judge Loya was prepared under the supervision of Dr Vyawhare at the Nagpur Medical College," Malik told reporters. 

He said some medical students had complained in 2015 that Dr Vyawhare had tried to pressure them to change the postmortem (PM) report of judge Loya. "These students had said that Dr Vyawhare tried to pressure them into changing the PM report in 2015. Dr Vyawhare might have tried to do the same (trying to change Loya's autopsy report) in 2014. Hence, we demand that a narco test be conducted on him to ascertain the truth," Malik said.

Watch: The Supreme Court dismisses all please seeking an independent probe into justice Loya's death 

 

With agency inputs