New Delhi
The Petitioners on Friday urged Supreme Court to order an independent probe into the death of Special CBI Court judge B.M. Loya citing contradictions in the report submitted by the Maharashtra government and discrepancies in the statements of judicial officers who were present on the spot.
Judge Loya, who died in December 2014, was holding trial in the Sohrabuddin Sheikh staged shoot out case in which now BJP President Amit Shah was one of the accused – but later discharged.
Telling the bench of Chief Justice Dipak Misra, Justice A.M.Khanwilkar and Justice D.Y.Chandrachud that judge Loya’s death was too serious a matter to be ignored, senior counsel Dushyant Dave described as “self-serving” the report submitted by the Maharashtra government.
“All these are self-serving documents. All these people should be interrogated during further investigation” of the Loya case,” he said, asking the court to call Loya’s father, sister and other family members in their chamber and if they say “they don’t investigation, then close the case”.
Pointing to the over-writing in the Xerox copy of the records relating to judge Loya given by the Maharashtra government and the discrepancies, senior counsel Indira Jaising urged the court to call for the original records.
Dave pointed to questionable response of the judicial officers which defied “natural instincts” when judge Loya’s end came.
“Why his (judge Loya’s) family kept in dark,” Dave asked pointing out whether it was not natural for three judicial officers to call Loya’s wife and inform her about the condition of her husband.
At this, Justice Chandrachud said: “Individuals react differently in face of calamity. Somebody cannot now say they should have acted in a different way. Their conduct does not determine the truth behind the case.”
Taking the court through the background of the case, Dave told the bench that to keep in view that after the discharge of Amit Shah in the case, the Central Bureau of Investigation did not approach the High Court to challenge it while it has challenged the discharge of three police officers including N.K.Amin – who at one stage wanted to become an approver.
As Dave sought to show holes in the report submitted by Maharashtra government, senior counsel Mukul Rohatgi objected to some of the submissions, saying: “Let us not make a wrong statement.”
Hearing will continue on Monday when senior counsel V.Giri will address the court.