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Doubts on Loya's death, order court-monitored probe, petitioner tells SC

IANS  |  New Delhi 

The on Thursday was told by one of the petitioners in the death case that since there were serious suspicions over the circumstances in which the died, the apex court should order a court-monitored independent probe.

Referring to the government report that was prepared in a "hurried and cavalier" manner following publication of an article in Caravan magazine in November 2017, Bombay Lawyers Association's told a bench headed by that "there are strong circumstances to show the suspicious character of the report".

Senior Dave told the bench -- comprising also Justice and Justice -- that the report was "pre-conceived and pre-determined" and regretted that "unwittingly the judiciary has been drawn into it".

The court was hearing a batch of petitions by activists Tehseen Poonawala, Bombay Lawyers Association, Maharashtra-based Lone, and others for an independent probe into the Loya's death.

Judge Loya was holding trial in the Sohrabuddin Sheikh staged shootout case in which present was an accused. Later, Shah was discharged in the case.

Telling the bench that the government had not assisted the court in the manner it should have done, Dave said the probe was carried out in a hasty manner only to "pre-empt any other investigation or voice in the matter".

He wondered how the Chief Justice, without consulting other senior Judges, allowed the Intelligence to hold inquiries.

"It is unusual for the High Court to grant permission without consulting other senior judges," he said.

Raising doubts on Judge Loya's death, the Centre for Public Interest Litigation disputed the government's report that said he died of heart attack.

The NGO referred to the expert medical opinion based on histopathology and ECG report of the late Judge to contend that it could have been due to other reasons as well.

The NGO's told the bench that well-known Dr has "virtually ruled out a heart attack as the cause of Judge Loya's death on the basis of histopathology and ECG reports".

Padmashri awardee Dr Kaul is a former at All

The court was told that histopathology and the ECG reports were not presented in the court by the along with its inquiry report.

Bhushan said doctors at the and in Nagpur, where Judge Loya was treated before his death, in their statements filed with the had noted tall T-waves in the ECG, but the ECG report published by a newspaper showed no such markings.

Bhushan said it was "very serious matter" if the ECG report accessed by a was a "fabricated one".

During the course of hearing, Dave told the bench that it had an explanation for every point he was making but similar questions were not posed when Maharashtra government's argued on the matter.

"Every time I say something, make a point, Judges have an explanation. But the same did not happen when the for Maharashtra was arguing. That troubles me," Dave told Justice Chandrachud, who in turn said: "We don't want a certificate from arguing counsel."

The hearing in the matter will continue on Friday.



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First Published: Thu, March 08 2018. 20:28 IST