Loya case: Adverse remarks were against litigants, not lawyers, says SC

The Supreme Court Wednesday made it clear that its adverse remarks in the verdict dismissing a clutch of pleas seeking an independent probe into the death of CBI special judge B H Loya, was intended towards the litigants and not against lawyers.

Senior advocate Indira Jaising, who had appeared for one of the intervenors in the Loya case, had sought expunction of certain adverse remarks against her in the April 19 judgement.

"The application (of Jaising) proceeds on the basis that the observations which were made in regard to the conduct of the petitioners and intervenors attach to the applicant personally," a bench headed by Chief Justice Dipak Misra said.

"In paragraphs 76 and 78 (of the main verdict), this court has adverted to 'the conduct of the petitioners and the intervenors' (emphasis supplied). If the applicant identifies with the intervenor, that is a matter of perception for counsel," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said.

"The observations of the Court advert to the conduct of the petitioners and intervenors. The findings of this Court are based on what was argued during the course of the hearing," the bench said.

The apex court had on April 19 dismissed several pleas in the Loya matter and ruled that the judge, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case, had died of "natural causes" in Nagpur on December 1, 2014 when he had gone to attend the wedding of a colleague's daughter.