The Maharashtra government on Friday told the Supreme Court that the batch of petitions seeking an independent probe into the alleged mysterious death of special CBI judge B H Loya were motivated and aimed at targeting “one individual” in the guise of upholding the rule of law.
It said the idea behind these petitions was to keep the “pot boiling” against this individual and urged the apex court not to order an investigation which will create doubts about judges and the judiciary. A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it will pass orders and directed the parties to file written submissions, if any, with regard to the case.
He said the court should also keep in mind that for three years after the death of Judge Loya on December 1, 2014, nothing has happened, and no petition were filed. But now if the court orders investigation in the case on these petitions, there will be some repercussions. “The idea behind these petitions is to keep the pot boiling. The newspapers will have a field day. Entire sequence in this case is now before the court. The statement of judges who were along with Loya in his last moments are before the court. If the last scene theory is applied, then the last scene persons are the two judges of Bombay high court and district judges,” he said.
“They (petitioners) say they are here to protect the rule of law but somehow target an individual who they think is so powerful that he has done all the things. They are using death of a judge as facade so that the judiciary orders an inquiry against that individual. But in that motive, they are causing immense damage to judiciary,” Rohtagi said. Meanwhile, the Supreme Court on Friday reserved its verdict on a batch of petitions seeking an independent probe into the alleged mysterious death of Mumbai’s Special CBI Judge Brijgopal Harkishan Loya in Nagpur in December 2014. Judge Loya was holding trial in the Sohrabuddin Sheikh staged shootout case in which present Bharatiya Janata Party President Amit Shah was an accused. Later, Shah was discharged in the case. Judge Loya died in November 2014.